Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
PL 103-236 (H.R.2333), enacted 04/30/1994

108 STAT. 382 
PUBLIC LAW 103-236—APR. 30, 1994 
Public Law 103-236 
103d Congress 
An Act 
Apr. 30. 1994 
[H.R. 2333] 
Foreign 
Relations 
Authorization 
Act, Fiscal Years 
1994 and 1995. 
22 u s e 2651 
note. 
To authorize appropriations for the Department of State, the United States Informa-
tion Agency, and related agencies, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995". 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—DEPARTMENT OF STATE AND RELATED AGENCIES 
PART A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 101. Administration of forei^ affairs. 
Sec. 102. International organizations, programs, and conferences. 
Sec. 103. International commissions. 
Sec. 104. Migration and refugee assistance. 
Sec. 105. Other programs. 
Sec. 106. United States Arms Control and Disarmament Agency. 
PART B—AUTHORITIES AND ACTIYITIES 
Sec. 121. Authorized strength of the Foreign Service. 
Sec. 122. Transfers and reprogrammings. 
Sec. 123. Expenses relating to certain mtemational claims and proceedings. 
Sec. 124. Child care facilities at certain posts abroad. 
Sec. 125. Emergencies in the diplomatic and consular service. 
Sec. 126. Role of the National Foreign Affairs Training Center. 
Sec. 127. Consular authorities. 
Sec. 128. Report on consolidation of administrative operations. 
Sec. 129. Facilitating access to the Department of State building. 
Sec. 130. Report on safety and security of United States personnel in Sartgevo. 
Sec. 131. Passport security. 
Sec. 132. Record of place of birth for Taiwanese-Americans. 
Sec. 133. Terrorism rewards and reports. 
Sec. 134. Pro^rty agreements. 
Sec. 135. Capital investment fund. 
Sec. 136. Fees for commercial services. 
Sec. 137. Personal services contracts abroad. 
Sec. 138. Publishing international agreements. 
Sec. 139. Repeal of reporting requirements. 
Sec. 140. Visas. 
Sec. 141. Local guard contracts abroad. 
Sec. 142. Women's human rights protection. 
PART C—DEPARTMENT OF STATE ORGANIZATION 
Sec. 161. Organization of the Department of State. 
Sec. 162. Tecnnical and conformii^ amendments. 
Sec. 163. Director General of the i^reign Service. 
PUBLIC LAW 103-236—APR, 30, 1994 
108 STAT. 383 
Sec. 164. Administrative expenses. 
PART D—PERSONNEL 
SUBPART 1—GENERAL PROVISIONS 
Sec. 171. Labor-management relations. 
Sec. 172. Waiver of limitation for certain claims for personal property damage or 
loss. 
Sec. 173. Senior Foreign Service performance pay. 
Sec. 174. Reassignment and retirement of former presidential ai)pointees. 
Sec. 175. Report on classification of Senior Foreign Service positions. 
Sec. 176. Allowances. 
Sec. 177. Grievances. 
Sec. 178. Mid-level women and minority placement program. 
Sec. 179. Employment assistance referral system for certain members of the For-
eifpi Service. 
Sec. 180. United States citizens hired abroad. 
Sec. 181. Reduction in force authority with regard to certain members of the For-
eign Service. 
Sec. 182. Restoration of withheld benefits. 
SUBPART 2—FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE 
Sec. 191. Foreign language competence within the Foreign Service. 
Sec. 192. Desi|;nation of Foreign Language Resources Cmrdinator. 
Sec. 193. Foreign language services. 
TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND 
CULTURAL PROGRAMS 
PART A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 201. Authorization of appropriations. 
PART B—-USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES 
Sec. 221. USIA office in Lhasa, Tibet. 
Sec. 222. Changes in administrative authorities. 
Sec. 223. Emplojrment authority. 
Sec. 224. Buying power maintenance account. 
Sec. 225. Contract authority. 
Sec. 226. United States transmitter in Kuwait. 
Sec. 227. Fulbright-Hays Act Authorities. 
Sec. 228. Separate ledger accoimts for NED grantees. 
Sec. 229. Coordinationof United States exchange programs. 
Sec. 230. Limitation concerning participation in international expositions. 
Sec. 231. Private sector opportunities. 
Sec. 232. Authority to respond to public inquiries. 
Sec. 233. Technical amendment relating to Near and Middle East research and 
training. 
Sec. 234. Distribution within the United States of certain materials of the United 
States Information Agency. 
Sec. 235. American studies collections. 
Sec. 236. Educational and cultural exchanges with Tibet. 
Sec. 237. Scholarships for East Timorese students. 
Sec. 238. Cambodian scholarship and exchange programs. 
Sec. 239. Increasing Afirican participation in USIA exchange programs. 
Sec. 240. Environment and sustainable development exchange program. 
Sec. 241. South Pacific exchange programs. 
» 
Sec. 242. International exchange programs involving disability related matters. 
PART C—MIKE MANSFIELD FELLOWSHIPS 
Sec. 251. Short title. 
Sec. 252. Establishment of fellowship program. 
Sec. 253. Program requirements. 
Sec. 254. Separation of Government personnel diuing the fellowships. 
Sec. 255. Mansfield Fellows on detail 
fi:t)m 
Government service. 
Sec. 256. Liability for repayments. 
Sec. 257. Definitions. 
TITLE III—UNITED STATES INTERNATIONAL BROADCASTING ACT 
Sec. 301. Short title. 
Sec. 302. Congressional findings and declaration of purposes. 
Sec. 303. Standards and principles. 
108 STAT. 384 
PUBLIC LAW 103-236—APR. 30, 1994 
Sec. 304. Establishment of broadcasting Board of Governors. 
Sec. 305. Authorities of the Board. 
Sec. 306. Foreign policv guidance. 
Sec. 307. International Broadcasting Bureau. 
Sec. 308. Limits on grants for Radio Free Europe and Radio Liberty. 
Sec. 309. Radio Free Asia. 
Sec. 310. Transition. 
Sec. 311. Preservation of American jobs. 
Sec. 312. Privatization of Radio Free Europe and Radio Liberty. 
Sec. 313. Requirement for authorization of appropriations. 
Sec. 314. Definitions. 
Sec. 315. Technical and conforming ar andments. 
TITLE IV—INTERNATIONAL ORGANIZATIONS 
PART A—UNITED NATIONS REFORM AND PEACEKEEPING OPERATIONS 
Sec. 401. United Nations Office of Inspector General. 
Sec. 402. United States participation in management of the United Nations. 
Sec. 403. Sense of the Senate on Department of Defense funding for United Nations 
peacekeeping operations. 
Sec. 404. Assessed contributions for United Nations peacekeeping operations. 
Sec. 405. United States personnel taken prisoner while serving m multinational 
forces. 
Sec. 406. Transmittals of certain United Nations documents. 
Sec. 407. Consultations and reports. 
Sec. 408. Transfers of excess defense articles for international peacekeeping oper-
ations. 
Sec. 409. Reform in budget decisionmaking procedures of the United Nations and 
its specialized agencies. 
Sec. 410. Limitation on contributions to the United Nations and affiliated organiza-
tions. 
Sec. 411. United Nations Security Council membership. 
Sec. 412. Reforms in the World Health Organization. 
Sec. 413. Reforms in the Food and Agriculture Organization. 
Sec. 414. Sense of Congress regarding adherence to United Nations Charter. 
Sec. 415. Designated congressional committees. 
PART B—GENERAL PROVISIONS AND OTHER INTERNATIONAL ORGANIZATIONS 
Sec. 421. Agreement on State and local taxation. 
Sec. 422. Conference on Security and Cooperation in Europe. 
Sec. 423. International Boundary and Water Commission. 
Sec. 424. United Stetes membership in the Asian-Pacific Economic Cooperation Or-
ganization. 
Sec. 425. United Stetes membership in the International Copper Study Group. 
Sec. 426. Extension of the International Organizations Immunities Act to the Inter-
national Union for Conservation of Nature and Natural Resources. 
Sec. 427. Inter-American organizations. 
Sec. 428. Prohibition on contributions to the International Coffee Organization. 
Sec. 429. Prohibition on contributions to the International Jute Organization. 
Sec. 430. Migration and refugee amendmente. 
Sec. 431. Withholding of United Stetes contributions for certein programs of inter-
national organizations. 
TITLE V—FOREIGN POLICY 
PART A—GENERAL PROVISIONS 
Sec. 501. United Stetes policy concerning overseas assistence to refugees and dis-
placed persons. 
Sec. 502. Interparliamentery exchanges. 
Sec. 503. Food as a human right. 
Sec. 504. Transparency in armamente. 
Sec. 505. Sense of the Senate concerning Inspector General Act. 
Sec. 506. Torture convention implementetion. 
Sec. 507. United Stetes policy concerning Iraq. 
Sec. 508. High-level visite to Taiwan. 
Sec. 509. Transfer of certein obsolete or surplus defense articles in the War Re-
serve Allies Stockpile to the Republic of Korea. 
Sec. 510. Extension of the Fair Trade in Auto Parte Act of 1988. 
Sec. 511. Report on the use of foreign frozen or blocked assete. 
Sec. 512. Extension of certein adjudication provisions. 
Sec. 513. Policy regarding the conditions which the Government of the People's Re-
public of China should meet to continue to receive nondiscriminatory 
most-favored-nation treatment. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 385 
Sec. 514. Implementation of Partnership for Peace. 
Sec. 515. Policy toward Thailand, Cambodia, Laos, and Burma. 
Sec. 516. Peace process in Northern Ireland. 
Sec. 517. Policy with respect to the establishment of an international criminal 
court. 
Sec. 518. International criminal court participation. 
Sec. 519. Protection of first and fourth amendment rights. 
Sec. 520. Policy on termination of United States arms embargo. 
Sec. 521. Sense of Senate on relations with Vietnam. 
Sec. 522. Report on sanctions on Vietnam. 
Sec. 523. Report on People's Mirjaheddin of Iran. 
Sec. 524. Amendments to the PLO Commitments Compliance Act. 
Sec. 525. Free trade in ideas. 
Sec. 526. Embargo against Cuba. 
Sec. 527. Expropriation of United States property. 
Sec. 528. Report on Russian military operations in the independent states of the 
former Soviet Union. 
Sec. 529. United States policy on North Korea. 
Sec. 530. Enforcement of nonproliferation treaties. 
Sec. 531. Taiwan. 
Sec. 532. Waiver of sanctions with respect to the Federal Republic of Yugoslavia to 
promote democracy abroad. 
Sec. 533. Freedom of information exemption for certain Open Skies Treaty data. 
Sec. 534. Effectiveness of democracy programs. 
Sec. 535. Sense of Congress concerning United States citizens victimized by Ger-
many during World War II. 
Sec. 536. Reporting requirements on occupied Tibet. 
PART B—SPOILS OF WAR ACT 
Sec. 551. Short title. 
Sec. 552. Transfers of spoils of war. 
Sec. 553. Prohibition on transfers to countries which support terrorism. 
Sec. 554. Report on previous transfers. 
Sec. 555. Definitions. 
Sec. 556. Construction. 
PART C—ANTI-ECONOMIC DISCRIMINATION ACT 
Sec. 561. Short title. 
Sec. 562. Israel's diplomatic status. 
Sec. 563. Policy on Middle East arms sales. 
Sec. 564. Prohibition on certain sales and leases. 
Sec. 565. Prohibition on discriminatory contracts. 
PART D—THE CAMBODIAN GENOCIDE JUSTICE ACT 
Sec. 571. Short title. 
Sec. 572. PoliCT. 
Sec. 573. Establishment of State Department Office. 
Sec. 574. Reporting requirement. 
PART E—MIDDLE EAST PEACE FACIUTATION 
Sec. 581. Short title. 
Sec. 582. Findings. 
Sec. 583. Authority to suspend certain provisions. 
TITLE VI—PEACE CORPS 
Sec. 601. Authorization of appropriations. 
Sec. 602. Amendments to Uie Peace Corps Act. 
TITLE VII—ARMS CONTROL 
PART A—ARMS CONTROL AND NoNPROUFERATioN ACT OF 1994 
Sec. 701. Short title; references in part; table of contents. 
Sec. 702. Congressional declarations; purpose. 
Sec. 703. Purposes. 
Sec. 704. Repeals. 
Sec. 705. Director. 
Sec. 706. Bureaus, oRices, and divisions. 
Sec. 707. Scientific and Policy Advisory Committee. 
Sec. 708. Presidential Special Representatives. 
Sec. 709. Policy formulation. 
108 STAT. 386 
PUBLIC LAW 103-236—APR. 30, 1994 
Sec. 710. Negotiation management. 
Sec. 711. Report on measures to coordinate research and development. 
Sec. 712. Verification of compliance. 
Sec. 713. Negotiating records. 
Sec. 714. Authorities with respect to nonproliferation matters. 
Sec. 715. Appointment and compensation of personnel. 
Sec. 716. Security requirements. 
Sec. 717. Reports. 
Sec. 718. Funding. 
Sec. 719. Conforming amendments. 
PART B—AMENDMENTS TO THE ARMS EXPORT CONTROL ACT 
Sec. 731. Limitation on authority to transfer excess defense articles. 
Sec. 732. Reports under the Arms Export Control Act. 
Sec. 733. Prohibition on incentive payments under the Arms Export Control Act. 
Sec. 734. Missile technology exports to certain Middle Eastern and Asian countries. 
Sec. 735. Notification of Congress on certain events involving the Missile Tech-
nology Control Regime (MTCR). 
Sec. 736. Controlof reexports to terrorist countries. 
TITLE VIII—NUCLEAR PROLIFERATION PREVENTION ACT 
Sec. 801. Short title. 
PART A—REPORTING ON NUCLEAR EXPORTS 
Sec. 811. Reports to Congress. 
PART B—SANCTIONS FOR NUCLEAR PROLIFERATION 
Sec. 821. Imposition of sanction procurement on persons engaging in export activi-
ties that contribute to proliferation. 
Sec. 822. Eligibility for assistance. 
Sec. 823. Role of international 
financial 
institutions. 
Sec. 824. Prohibition on assisting nuclear proliferation throu^ the provision of fi-
nancing. 
Sec. 825. Export-Import Bank. 
Sec. 826. Amendment to the Arms Export Control Act. 
Sec. 827. Reward. 
Sec. 828. Reports. 
Sec. 829. Technical correction. 
Sec. 830. Definitions. 
Sec. 831. Effective date. 
PART C—INTERNATIONAL ATOMIC ENERGY AGENCY 
Sec. 841. Bilateral and multilateral initiatives. 
Sec. 842. IAEA internal reforms. 
Sec. 843. Reporting requirement. 
Sec. 844. Definitions. 
PART D—TERMINATION 
Sec. 851. Termination upon enactment of next Foreign Relations Act 
TITLE EC—COMMISSION ON PROTECTING AND REDUCING GOVERNMENT 
SECRECY 
Sec. 901. Short title. 
Sec. 902. Findings. 
Sec. 903. Purpose. 
Sec. 904. Composition of the Commission. 
Sec. 905. Functions of the Commission. 
Sec. 906. Powers of the Commission. 
Sec. 907. Staff of the Commission. 
Sec. 908. Compensation and travel expenses. 
Sec. 909. Security clearances for Commission members and staff. 
Sec. 910. Final report of Commission; termination. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 387 
TITLE I—DEPARTMENT OF STATE AND 
RELATED AGENCIES 
PART A—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 
(a) IN GENERAL.—^The following amounts are authorized to 
be appropriated for the Department of State imder "Administration 
of Forei^ Affairs" to can^^ 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, including 
the diplomatic security program: 
(1) DIPLOMATIC AND CONSULAR PROGRAMS.—For "Diplo-
matic and Consular Programs", of the Department of State 
$1,704,589,000 for the fiscal year 1994 and $1,781,139,000 for 
the fiscal year 1995. 
(2) SALARIES AND EXPENSES.—For "Salaries and Expenses", 
of the Department of State $396,722,000 for the fiscal year 
1994 and $391,373,000 for the fiscal year 1995. 
(3) 
ACQUISITION 
AND 
MAINTENANCE 
OF 
BUILDINGS 
ABROAD.—^For "Acquisition and Maintenance of Buildings 
Abroad", $381,481,000 for the fiscal year 1994 and $309,760,000 
for the fiscal year 1995. 
(4) REPRESENTATION ALLOWANCES.—For "Representation 
Allowances", $4,780,000 for the fiscal year 1994 and $4,780,000 
for the fiscal year 1995. 
(5) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERV-
ICE.—^For "Emergencies in the Diplomatic and Consular Serv-
ice", $7,805,000 for the fiscal 1994 and $6,500,000 for the 
fiscal year 1995. 
(6) OFFICE OF THE INSPECTOR GENERAL.—For "Office of 
the Inspector General", $23,469,000 for the fiscal year 1994 
and $23,798,000 for the fiscal year 1995. 
(7) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.— 
For "Pajrment to the American Institute in Taiwan", 
$15,165,000 for the fiscal year 1994 and $15,465,000 for the 
fiscal year 1995. 
(8) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—For 
"Protection of Foreign Missions and Officials", $10,551,000 for 
the fiscal year 1994 and $10,079,000 for the fiscal year 1995. 
(9) 
REPATRIATION LOANS.—For "Repatriation Loans", 
$776,000 for the fiscal year 1994 and $776,000 for the fiscal 
year 1995, for administrative expenses. 
(b) LIMITATIONS.— 
(1) Of the amounts authorized to be appropriated for "Sala-
ries and Expenses" under subsection (aX2) $500,000 is author-
ized to be appropriated for the fiscal year 1994 and $500,000 
for the fiscsd year 1995 for the Department of State for the 
recruitment of Hispanic American students from United States 
institutions of higher education with a high percentage enroll-
ment of Hispanic Americans and for the training of Hispanic 
Americans for careers in the Foreign Service and in inter-
national affairs. 
108 STAT. 388 
PUBLIC LAW 103-236—APR. 30, 1994 
(2) Of the amounts authorized to be appropriated for "Diplo-
matic and Consular Programs" under subsection (aXl)— 
(A) $5,000,000 is authorized to be appropriated for 
each of the fiscal years 1994 and 1995 for grants, contracts, 
and other activities to conduct research and promote inter-
national cooperation on environmental and other scientific 
issues; 
(B) $11,500,000 is authorized to be available for fiscal 
year 1994 and $11,900,000 is authorized to be available 
for fiscal year 1995, only for administrative expenses of 
the bureau charged with carrying out the purposes of the 
Migration and Refugee Assistance Act of 1962; 
(C) $700,000 is authorized to be appropriated for each 
of the fiscal years 1994 and 1995 to carry out the activities 
of the Commission on Protecting and Reducing Grovemment 
Secrecy established under title DC of this Act and such 
amounts under this subparagraph are authorized to remain 
available until expended; and 
(D) $400,000 is authorized to be appropriated for each 
of the fiscal years 1994 and 1995 to carry out the activities 
of the Office of Cambodian Genocide Investigations estab-
lished under title 5 of this Act. 
(E) $2,000,000 is authorized to be appropriated for 
fiscal year 1995 for computer upgrades for the Bureau 
of Intelligence £uid Research. 
(3) Of wie amounts authorized to be appropriated for 
"Acquisition and Maintenance of Buildings Abroad" under sub-
section (a)(3), $95,904,000 is authorized to be appropriated 
for the fiscal year 1994 and $114,825,000 is authorized to 
be appropriated for the fiscal year 1995 for Maintenance of 
Buildings and Facility Rehabilitation. 
(4) Of the amounts authorized to be appropriated for 
"Protection of Foreign Missions and Officials" in subsection 
(a)(8)-
(A) $940,000 is authorized to be available to reimburse 
the City of Seattle and the State of Washington for security 
costs associated with the Asian Pacific Economic Coopera-
tion conference held in Seattle in November 1993, on a 
one-time-only basis, and for purposes of obligation and 
expenditure of amounts under this subparagraph under 
Public Law 103-121 as reimbursement for extraordinary 
P
rotective services under section 208 of title 3, United 
tates Code, the limitations of section 202(10) of title 3, 
United States Code (concerning 20 or more consulates), 
shall not apply; and 
(B) $1,0(X),000 is authorized to be available for fiscal 
year 1995 to reimburse State and local government agen-
cies for security costs associated with the Western Hemi-
sphere summit scheduled to be held in Miami, Florida 
in December 1994. 
Effective date. 
(c) REPEAL.—Effective October 1, 1995, section 401(a)(3) of the 
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public 
22 use 4851. 
Law 99-399) is repealed. 
SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CON-
FERENCES. 
(a) 
ASSESSED CONTRIBUTIONS TO INTERNATIONAL 
ORGANIZA-
TIONS.—^There are authorized to be appropriated for "Contributions 
to International Organizations", $865,885,000 for the fiscal year 
1994 and $873,222,000 for the fiscal year 1995 for the Department 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 389 
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. 
(b) ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEP-
ING ACTIVITIES.—^There are authorized to be appropriated for "Con-
tributions for International Peacekeeping Activities", $401,607,000 
for the fiscal year 1994 and $510,204,000 for the fiscal year 1995 
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 piirposes. 
(c) PEACEKEEPING OPERATIONS.—There are authorized to be 
appropriated for "Peacekeeping Operations", $75,623,000 for the 
fiscal year 1994 and $75,000,000 for the fiscal year 1995 for the 
Department of State to carry out section 551 of Public Law 87-
195. 
(d) SUPPLEMENTAL PEACEKEEPING.—In addition to amounts 
authorized to be appropriated for such purpose by subsection (b), 
there are authorized to be appropriated $670,000,000 for "Assessed 
Contributions for International Peacekeeping Activities" for the 
period beginning on the date of enactment of this Act and ending 
September 30,1995. 
(e) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—There 
are authorized to be appropriated for "International Conferences 
and Contingencies", $6,000,000 for the fiscal year 1994 and 
$6,000,000 for the fiscal year 1995 for the Department of State 
to carry out the authorities, fimctions, 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. 
(f) FOREIGN CURRENCY EXCHANGE RATES.—In addition to 
amounts otherwise authorized to be appropriated by subsections 
(a) and (b) of this section, there are authorized to be appropriated 
such sums as may be necessary for each of the fiscal years 1994 
and 1995 to offset adverse fluctuations in foreign currency exchange 
rates. Amounts appropriated under this subsection shall be avail-
able 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 
fluctuations. 
(g) WITHHOLDING OF FUNDS.—Notwithstanding anv other provi- 22 use 287e 
sion of law, the funds authorized to be appropriated ror "Contribu- '
^
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®
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tions for International Organizations" shall be reduced in the 
amount of $118,875,000 for each of the fiscal years 1994 and 1995, 
and for each year thereafter, unless the President certifies to the 
Speaker of the House of Representatives and the President of 
the Senate that no United States agency or United Nations affiliated 
agency grants any official status, accreditation, or recognition to 
any organization which promotes, condones, or seeks the legaliza-
tion of pedophilia, or which includes as a subsidiary or member 
any such organization. 
SEC. 103. INTERNATIONAL COMMISSIONS. 
The following amounts are authorized to be appropriated under 
"International Commissions" for the Department of Stete to carry 
108 STAT. 390 
PUBLIC LAW 103-236—APR. 30, 1994 
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" $11,200,000 for the 
fiscal year 1994 and $15,358,000 for the fiscal year 1995; 
and 
(B) for "Construction" $14,400,000 for the fiscal year 
1994 and $10,398,000 for the fiscal year 1995. 
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES 
AND CANADA.—^For "International 
Boundary 
Commission, 
United States and Canada", $740,000 for the fiscal year 1994 
and $740,000 for the fiscal year 1995. 
(3) INTERNATIONAL JOINT COMMISSION.—For "International 
Joint Commission", $3,550,000 for the fiscal year 1994 and 
$3,550,000 for the fiscal year 1995. 
(4) INTERNATIONAL FISHERIES COMMISSIONS.—For "Inter-
national Fisheries Commissions", $16,200,000 for the fiscal year 
1994 and $14,669,000 for the fiscal year 1995. 
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) There are authorized to be appropriated for "Migration 
and Refugee Assistance" for authorized activities, $589,188,000 
for the fiscal year 1994 and $592,000,000 for the fiscal year 
1995. 
(2) There are authorized to be appropriated $80,000,000 
for the fiscal year 1994 and $80,000,000 for the fiscal year 
1995 for assistance for refugees resettling in Israel. 
(3) There are authorized to be appropriated $1,500,000 
for the fiscal year 1994 and $1,500,000 for the fiscal year 
1995 for humanitarian assistance, including but not limited 
to, food, medicine, clothing, and medical and vocational training 
to persons displaced as a result of civil conflict in Burma, 
including persons still within Burma. 
(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
subsection (a) are authorized to be available until expended. 
SEC 105. OTHER PROGRAMS. 
The following amounts are authorized to be appropriated 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) UNITED STATES BILATERAL SCIENCE AND TECHNOLOGY 
AGREEMENTS.—For "United States Bilateral Science and Tech-
nology Agreements", $4,275,000 for the fiscal year 1994. 
(2) ASIA FOUNDATION.—For "Asia Foundation", $16,000,000 
for the fiscal year 1994 and $16,068,000 for the fiscal year 
1995. 
SEC. 106. UNITED STATES ARMS CONTROL AND DISARMAMENT 
AGENCY. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out the purposes of the Arms Control 
and Disarmament Act— 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 391 
(1) $53,500,000 for the fiscal year 1994 and $59,292,000 
for the fiscal year 1995; and 
(2) such sums as may be necessary for each of the fiscal 
years 1994 and 1995 for increases in salary, pay, retirement, 
other employee benefits authorized by law, and other non-
discretionary costs, and to ofiset adverse fluctuations in foreign 
currency exchange rates. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 49 of 
the Arms Control and Disarmament Act (22 U.S.C. 2589) is 
amended— 
(1) by striking subsection (a); and 
(2) in the first sentence of subsection (b) by striking "pursu-
ant to this section" and inserting "to carry out this Act". 
PART B—AUTHORITIES AND ACTIVITIES 
SEC. 121. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE. 
(a) END FISCAL YEAR 1994 LEVELS.—The number of members 
of the Foreign Service authorized to be employed as of September 
30.1994— 
(1) for the Department of State, shall not exceed 9,100, 
of whom not more than 820 shall be members of the Senior 
Foreign Service; 
(2) for the United States Information Agency, shall not 
exceed 1,200, of whom not more than 175 shall be members 
of the Senior Foreign Service; and 
(3) for the Agency for International Development, not to 
exceed 1,850, of whom not more than 250 shall be members 
of the Senior Foreign Service. 
(b) END FISCAL YEAR 1995 LEVELS.—The number of members 
of the Foreign Service authorized to be employed as of September 
30.1995— 
(1) for the Department of State, shall not exceed 9,100, 
of whom not more than 770 shall be members of the Senior 
Foreign Service; 
(2) for the United States Information Agency, not to exceed 
1,200, of whom not more than 165 shall be members of the 
Senior Foreign Service; and 
(3) for the Agency for International Development, not to 
exceed 1,850, of whom not more than 240 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. 
79-194 O—95—14 : QL 3 Part 1 
108 STAT. 392 
PUBLIC LAW 103-236—APR. 30, 1994 
(d) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the Sec-
retary of State Eind the Director of the United States Information 
Agency mav waive any limitation imder subsection (a) or (b) which 
applies to the Department of State or the United States Information 
Agency, as the case may be, to the extent that such waiver is 
necessary to carry on the foreign affairs functions of the United 
States. 
Notification. 
(2) Not less than 15 days before any agency head implements 
a waiver under paragraph (1), such agency head shall notify the 
Chairman of the Committee on Foreign Relations of the Senate 
and the Speaker of the House of Representatives. Such notice 
shall include an explanation of the circumstances and necessity 
for such waiver. 
SEC. 122. TRANSFERS AND REPROGRAMMINGS. 
(a) AMENDMENTS TO SECTION 24 OF THE STATE DEPARTMENT 
BASIC AUTHORITIES ACT OF 1956.—Section 24 of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2696) is amended— 
(1) in subsection (b)(7) by striking subparagraph (E); 
(2) in subsection (d)(1)— 
(A) by striking "the second" and inserting "either"; 
and 
(B) bv striking "such second" and inserting "such"; 
(3) in subsection (d)(2) by amending the first sentence 
to read as follows: "Amounts appropriated for the 'Diplomatic 
and Consular Programs* account may not exceed by more than 
5 percent the amount specifically authorized to be appropriated 
for such account for a fiscal year."; and 
(4) by striking subsection (dX4). 
(b) DIPLOMATIC CONSTRUCTION PROGRAM.—Section 401 of the 
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 
U.S.C. 4851) is amended by striking subsections (c) and (h)(3). 
(c) REPROGRAMMING.—Section 34 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2706) is amended in subsection 
(aX7) by striking "$500,000" and inserting "$1,000,000". 
SEC. 123. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS 
AND PROCEEDINGS. 
Section 38 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2710) is amended by adding at the end the following 
new subsections: 
"(c) PROCUREMENT OF SERVICES.—The Secretary of State may 
use competitive procedures or procedures other than competitive 
procedures to procure the services of experts for use in preparing 
or prosecuting a proceeding before an international tribunal or 
a claim by or against a foreign government or other foreign entity, 
whether or not the expert is expected to testify, or to procure 
other support services for such proceedings or claims. The Secretary 
need not provide any written justification for the use of procedures 
other than competitive procedures when procuring such services 
under this subsection and need not furnish for publication in the 
Commerce Business Daily or otherwise any notice of solicitation 
or synopsis with respect to such procurement. 
"(d) INTERNATIONAL LITIGATION FUND.— 
"(1) ESTABLISHMENT.—In order to provide the Department 
of State with a dependable, flexible, and adequate source of 
funding for the expenses of the Department related to preparing 
or prosecuting a proceeding before an international tribunal. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 393 
or a claim by or against a foreign government or other foreign 
entity, there is established an International Litigation Fund 
(hereafter in this subsection referred to as the "ILF"). The 
ILF may be available without fiscal year limitation. Funds 
otherwise available to the Department for the purposes of this 
paragraph may be credited to the ILF. 
"(2) REPROGRAMMING PROCEDURES.—^Funds credited to the 
ILF shall be treated as a reprogramming of funds under section 
34 and shall not be available for obligation or expenditure 
except in compliance with the procedures applicable to such 
reprogrammings. This paragraph shall not apply to the transfer 
of funds under paragraph (3). 
"(3) TRANSFERS OF FUNDS.—Funds received by the Depart-
ment of State from another agency of the United States Govern-
ment or pursuant to the Department of State Appropriations 
Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs 
of preparing or prosecuting a proceeding before an international 
tribunal, or a claim by or against a foreign government or 
other foreign entity, shall be credited to the ILF. 
"(4) USE OF FUNDS.—Funds deposited in the ILF shall 
be available only for the purposes of paragraph (1).". 
SEC. 124. CHILD CARE FACnJTIES AT CERTAIN POSTS ABROAD. 
Section 31 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2703) is amended in subsection (e) by striking 
"For the fiscal years 1992 and 1993, the" and inserting "The . 
SEC. 125. EMERGENCIES 
IN THE DIPLOMATIC 
AND 
CONSULAR 
SERVICE. 
Section 4 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2671) is amended in subsection (c)— 
(1) by striking "and the Foreign Service"; and 
(2) by striking "an annual confidential" and inserting "a 
periodic". 
SEC. 126. ROLE OF THE NATIONAL FOREIGN AFFAIRS TRAINING 
CENTER. 
Chapter 7 of the Foreign Service Act of 1980 is amended— 
22 USC 4021. 
(1) in the chapter title, by striking "Foreign Service 
Institute,"; 
(2) in section 701 (22 U.S.C. 4021)— 
(A) by striking the section title and inserting "Institu-
tion for Training."; 
(B) in subsection (a)— 
(i) by striking the subsection heading and inserting 
"Institution or Center for Training"; 
(ii) by striking "the Foreign Service Institute 
(hereinafter 
in this chapter referred 
to as 
the 
'Institute')" and inserting "an institution or center for 
training (hereinafter in this chapter referred to as 
the 'institution')"; and 
(iii) by striking "Institute" and inserting "institu-
tion"; and 
(C) by adding at the end the following new subsection: 
"(dXD The Secretary of State is authorized to provide for special 
professional foreign affairs training and instruction of employees 
of foreign governments through the mstitution. 
108 STAT. 394 
PUBLIC LAW 103-236—APR. 30, 1994 
"(2) Training and instruction under paragraph (1) shall be 
on a reimbursable or advance-of-funds basis. Such reimbursements 
or advances to the Department of State may be provided by an 
agency of the United States Government or by a foreign government 
and shall be credited to the currently available applicable appropria-
tion account. 
"(3) In making such trsdning available to employees of foreign 
governments, priority consideration should be given to officials of 
newly emerging democratic nations and then to such other countries 
as the Secretary determines to be in the national interest of the 
United States. 
"(4) The authorities of section 704 shall apply to training and 
instruction provided under this section."; and 
22 use 4021, 
(3) in sections 701(b), 702, 704, 705, and 707, by striking 
4022,4024,4025, 
"Foreign Service Institute" and "Institute" each place such 
terms appear and inserting "institution". 
SEC. 127. CONSULAR AUTHORITIES. 
(a) PERSONS AUTHORIZED TO ISSUE PASSPORTS ABROAD.—The 
Act entitled "An Act to regulate the issue and validity of passports, 
and for other purposes", approved July 3, 1926 (44 Stat. 887, 
22 U.S.C. 211a) is amended by striking "by diplomatic representa-
tives of the United States, and by such consul generals, consuls, 
or vice consuls when in charge," and inserting "by diplomatic and 
consular officers of the United States, and by other employees 
of the Department of State who are citizens of the United States,". 
(b) NOTARIAL AUTHORITY.—The Act entitled "An Act to provide 
for the reorganization of the consular service of the United States", 
approved April 5, 1906 (34 Stat. 100, 22 U.S.C. 4221) is amended 
22 use 4215. 
in section 7 by adding at the end "Pursuant to such regulations 
as the Secretary of Stete may prescribe, the Secretory may des-
ignate any other employee of the Department of State who is 
a citizen of the United States to perform any notorial function 
authorized to be performed by a consular officer of the United 
Stotes under this Act.". 
SEC. 128. REPORT ON CONSOLIDATION OF ADMINISTRATIVE OPER-
ATIONS. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretory of Stote, jointly with the Director of the 
United Stotes Information Agency, the Director of the Arms Control 
and Disarmament Agency, and the Administrator of the Agency 
for Intomational Development) shall submit, to the Committee on 
Foreign Affairs of the House of Representatives and the Committee 
on Foreign Relations of the Senate, a report concerning the feasibil-
ity of consolidating domestic administrative operations for the 
Department of Stote, the Agency for International Development, 
the Arms Control and Disarmament Agency and the United Stotes 
Information Agency. Such report shall include specific recommenda-
tions for implementotion. 
22 use 2680-2. 
SEC. 129. FACILITATING ACCESS TO THE DEPARTMENT OF STATE 
BUILDING. 
(a) PROCEDURES TO FACILITATE ACCESS.—^The Department of 
Stote shall maintoin procedures to ensure that the members and 
stofT of the congressional committees of jurisdiction are granted 
easy access to the Department of Stoto in the conduct of their 
duties. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 395 
(b) PARKING.—^The Department of State shall also make avail-
able adequate parking for members and staff of the congressional 
committees of jurisdiction in order to facilitate attendance of meet-
ings at the Department of State. 
SEC. 130. REPORT ON SAFETY AND SECURITY OF UNITED STATES 
PERSONNEL IN SARAJEVO. 
Not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall report to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate on the steps taken to enhance 
the security and physical safety of United States diplomatic person-
nel in Sarajevo, Bosnia-Hercegovina. 
SEC. 131. PASSPORT SECURITY. 
(a) SENSE OF CONGRESS.—^The Congress strongly urges the 
Secretary of State to ensure that any new passport issuances should, 
to the maximum extent practicable— 
(1) be secure against counterfeiting, alteration, duplication, 
or simulation; 
(2) be easily verifiable with appropriate inspection by public 
officials and private and commercial personnel; and 
(3) contain only United States-soiu'ced materials and tech-
nology. 
(b) REPORT TO CONGRESS.—Not later than 30 days aft«r the 
date of enactment of this Act, the Secretary of State shall submit 
a report to the Committee on Foreign Relations of the Senate 
and the Conmiittee on Foreign Affairs of the House of Representa-
tives detailing actions taken by the Department of State to accom-
plish the goals set forth in subsection (a). 
SEC. 132. RECORD OF PLACE OF BIRTH FOR TAIWANESE-AMERICANS. 
22 USC 2705 
For purposes of the registration of birth or certification of 
nationality of a United States citizen bom in Taiwan, the Secretary 
of State snail permit the place of birth to be recorded as Taiwan. 
SEC. 133. TERRORISM REWARDS AND REPORTS. 
(a) REWARDS FOR INFORMATION ON ACTS OF INTERNATIONAL 
TERRORISM IN THE UNITED STATES.— 
(1) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.— 
Section 36 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2708) is amended in subsection (a) by striking 
"and is primarily outside the territorial jurisdiction of the 
United States". 
(2) Notwithstanding section 36(g) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2708), in addition 
to amounts otherwise available the Department of State may 
expend not more than $4,000,000 in fiscal years 1994 and 
1995 to pay rewards pursuant to section 36(a) of such Act. 
(b) ANNUAL REPORTS ON TERRORISM.— 
(1) Section 140 of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (22 U.S.C. 26560 is amended 
in subsection (b)(2)— 
(A) by striking "and" at the end of subparagraph (C); 
(B) by striking the period at the end o
f
^ subparagraph 
(D) and inserting "; and"; and 
(C) by adding at the end the following: 
108 STAT. 396 
PUBLIC LAW 103-236—APR. 30, 1994 
"(E) efforts by the United States to eliminate inter-
national financial support provided to those groups directly 
or provided in support of their activities.". 
(2) Section 304(a) of the Foreign Relations Authorization 
22USC2656g. 
Act, Fiscal Years 1992 and 1993 (PubUc Law 102-138) is 
amended— 
(A) by striking Treasury^ and inserting Treasury, 
in consultation with the Attorney General and appropriate 
investigative agencies,"; and 
(B) by inserting at the end '^ach such report shall 
provide a detailed list and description of specific assets.". 
22 use 292 note. SEC. 134. PROPERTY AGREEMENTS. 
Whenever the Department of State enters into lease-purchase 
agreements involving property in foreign coimtries pursuant to 
section 1 of the Foreign Service Buildings Act (22 U.S.C. 292), 
the Department shall account for such transactions in accordance 
with 
fiscal 
year obligations. 
22 use 2684a. 
SEC. 135. CAPITAL INVESTMENT FUND. 
(a) ESTABLISHMENT.—There is established within the Depart-
ment of State a Capital Investment Fund to provide for the pro-
curement of information technology and other related capital 
investments for the Department of SUite and to ensure the efficient 
management, coordination, operation, and utilization of such 
resources. 
(b) FUNDING.—^Funds otherwise available for the purposes of 
subsection (a) may be deposited in such Fimd. 
(c) AVAILABILITY.—Amounts deposited into the Fund are author-
ized to remain available until expended. 
(d) EXPENDITURES FROM THE FUND.—Amounts deposited in 
the Fund shall be available for expenditure to procure capital 
equipment and information technology. 
(e) REPROGRAMMING PROCEDURES.—Funds credited to the Cap-
ital Investment Fund shall be treated as a reprogramming of fimas 
under section 34 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2710) and shall not be available for obligation 
or expenditure except in compliance with the procedures applicable 
to such reprogrammmgs. 
SEC. 136. FEES FOR COMMERCIAL SERVICES. 
Title I of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2669 et seq.) is amended by adding the following new 
section at the end: 
22 use 2724. 
'^EC. 52. FEES FOR COMMERCIAL SERVICES. 
"(a) AUTHORITY TO CHARGE FEE.—(1) Subject to paragraph 
(2), the Secretary of State is authorized to charge a fee to cover 
the actual or estimated cost of providing anv person, firm or 
organization (other than agencies ot the United States Government) 
with commercial services at posts abroad on matters within the 
authority of the Department of State. 
**(2) The authority of this section may be exercised only in 
countries where the Depcurtment of Commerce does not perform 
commercial services for which it collects fees. 
"(b) USE OF FEES.—^Funds collected under the authority of 
subsection (a) shall be deposited as an offsetting collection to any 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 397 
Department of State appropriation to recover the costs of providing 
commercial services.". 
SEC. 137. PERSONAL SERVICES CONTRACTS ABROAD. 
Section 2(c) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2669(c)) is amended bv inserting before the 
period "; and such contracts are authorized to be negotiated, the 
terms of the contracts to be prescribed, and the work to be per-
formed, where necessary, without regard to such statutory provi-
sions as relate to the negotiation, making, and performance of 
contracts and performance of work in the United States". 
SEC. 138. PUBLISHING INTERNATIONAL AGREEMENTS. 
Section 112a of title 1 of the United States Code is amended— 
(1) by inserting "(a)" immediately before 'The Secretary 
of State"; and 
(2) by adding at the end the following new subsections: 
"(b) The Secretary of State may determine that publication 
of certain categories of agreements is not required, if the following 
criteria are met: 
"(1) such agreements are not treaties which have been 
brought into force for the United States after having received 
Senate advice and consent pursuant to section 2(2) of Article 
II of the Constitution of the United States; 
"(2) the public interest in such agreements is insufficient 
to justiify their publication, because (A) as of the date of enact-
ment of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995, the agreements are no longer in force, (B) 
the agreements do not create private rights or duties, or estab-
lish standards intended to govern government action in the 
treatment of private individuals; (C) in view of the limited 
or specialized nature of the public interest in such agreements, 
sucn interest can adequately be satisfied by an alternative 
means; or (D) the public disclosure of the text of the agreement 
would, in the opinion of the President, be prejudicial to the 
national security of the United States; and 
"(3) copies of such agreements (other than those in para-
graph (2)(I))), including certified copies where necessary for 
litigation or similar purposes, will be made available by the 
Department of State upon request. 
"(c) Any determination pursuant to subsection (b) shall be pub- Federal 
lished in the Federal Register.". 
S^wSr 
SEC. 139. REPEAL OF REPORTING REQUIREMENTS. 
The following provisions of law are repealed: 
(1) Section 37(d) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2709), relating to firearms regulations 
for special agents. 
(2) Section 214(c) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 4314), relating to extraordinary protec-
tive services to foreign missions. 
(3) Section 216(d) of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 4316(d)), relating to application 
of travel restrictions to personnel of certain countries and 
organizations. 
(4) Section 108 of the Foreign Relations Authorization Act, 
Fiscal Year 1978 (22 U.S.C. 2151n-l), relating to Americans 
incarcerated abroad. 
publication. 
108 STAT. 398 
PUBLIC LAW 103-236—APR. 30, 1994 
(5) Section 512(bX2) of the Foreign Relations Authorization 
Act, Fiscal Year 1978 (22 U.S.C. 2428a(b)), relating to with-
drawal of United States troops from Korea. 
(6) Section 412(b) of the Foreign Service Act of 1980 (22 
U.S.C. 3972(b)), relating to special differentials for Foreign 
Service officers. 
(7) The second sentence of section 2207(c) of the Foreign 
Service Act of 1980 (22 U.S.C. 4171(c)), relating to foreign 
language competence requirements: exceptions. 
(8) The second sentence of section 103(b) of the Department 
of State Authorization Act, Fiscal Years 1982 and 1983 (22 
U.S.C. 2656 note), relating to status of certain consulates to 
be reopened. 
(9) Section 9 of the Radio Broadcasting to Cuba Act (22 
U.S.C. 1465g), relating to evaluation of Cuba service program-
ming. 
(10) Section 13(Xc) of the Department of State Authoriza-
tion Act, Fiscal Years 1984 and 1985 (22 U.S.C. 3982 note), 
relating to merger of Foreign Service Information Corps into 
the Foreign Service Corps. 
(11) Section 207(b) of the Department of State Authoriza-
tion Act, Fiscal Years 1984 and 1985 (22 U.S.C. 2460 note), 
relating to foreign travel financed from the United States 
Information Agency's private sector program. 
(12) Section 120(d) of the Foreign Relations Authorization 
Act, Fiscal Years 1986 and 1987 (Public Law 99-93), relating 
to Foreign Service associates pilot project. 
(13) Section 611 of the Foreign Relations Authorization 
99 Stat. 412. 
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4711), relating 
to United States scholarship program for developing countries. 
(14) Section 812(c) of the Foreign Relations Authorization 
22 use 1928 
Act, Fiscal Years 1986 and 1987 (Public Law 99-93), relating 
^- 
to Japan's fulfillment of its common defense commitments. 
(15) Section 153(d) of the Foreign Relations Authorization 
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 4301 note; Public 
Law 100-204), relating to United States-Soviet reciprocity in 
matters relating to embassies. 
(16) Section 1(5) of the joint resolution entitled "Joint reso-
lution relating to NASA and the International Space Year", 
104 Stat. 384. 
approved July 31, 1990 (Public Law 101-339), relating to the 
international space year—1992. 
(17) Section 232 of the Conventional Forces in Europe 
22 use 2551 
Treaty Implementation Act of 1991 (Public Law 102-228), relat-
"°*®- 
ing to activities to reduce Soviet military threat. 
(18) Section 401(c) of the Conventional Forces in Europe 
Treaty Implementation Act of 1991 (22 U.S.C. 2551 note), relat-
ing to the Arms Control and Disarmament Agenc^s revitaliza-
tion report. 
(19) Section 708(c) of the Foreign Relations Authorization 
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 287 note) relating 
to the protection of Tyre by UNIFIL. 
(20) Section 408(b) of the Omnibus Diplomatic Security 
22 use 4858. 
and Antiterrorism Act of 1986 (22 U.S.C. 2349aa) relating 
to perimeter security at United States embassies and consulates 
abroad. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 399 
(21) Section 162(d) of the Foreign Relatione Authorization 
Act, Fiscal Years 1990 and 1991 (22 U.S.C. iJ87(e)) relating 
to contributions to and procedures of the United Nations. 
(22) Section 531(i) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1991 (22 
U.S.C. 2370 note) relating to El Salvador. 
(23) Section 724 of the International Security Development 
Cooperation Act of 1981 (22 U.S.C. 2384) relating to assistance 
to Nicaragua. 
(24) Section 201(f) of the Fishery Conservation and 
Management Act, 1976 (16 U.S.C. 1821(f)) relating to assistance 
allocation of United States fish stock surplus. 
(25) The second sentence of section 2207(c) of the Foreign 
Service Act of 1980 (22 U.S.C. 4171) relating to foreign language 
competence. 
(26) Section 209A(b)(2) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 4309a) relating to United 
States responsibility for employees of the United Nations. 
(27) Section 117 of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287(b) note) relating 22 use 287b 
to policies pursued by other countries in the United Nations. 
^°^-
SEC. 140. VISAS. 
(a) SURCHARGE FOR PROCESSING CERTAIN VISAS.— 
8 use 1351. 
(1) Notwithstanding any other provision of law, the Sec-
retary of State is authorized to charge a fee or siircharge 
for processing machine readable nonimmigrant visas and 
machine readable combined border crossing identification cards 
and nonimmigrant visas. 
(2) Fees collected under the authority of subsection (a) 
shall be deposited as an offsetting collection to any Department 
of State appropriation, to recover the costs of providing consular 
services. Such fees shall remain available for obligation until 
expended. 
(3) For fiscal years 1994 and 1995, fees deposited imder 
the authority of paragraph (2) may not exceed a total of 
$107,500,000. For subsequent fiscal years, fees may be collected 
under the authority of paragraph (1) only in such amounts 
as shall be prescribed in subsequent authorization Acts. 
(4) The provisions of the Act of August 18, 1856 (Revised 
Statutes 1726-28; 22 U.S.C. 4212-14), concerning accounting 
for consular fees shall not apply to fees collected under this 
subsection. 
(5) No fee or surcharge authorized imder paragraph (1) 
may be charged to a citizen of a country that is a signatory 
as of the date of enactment of this Act to the North American 
Free Trade Agreement, except that the Secretary of State may 
charge such fee or surcharge to a citizen of such a country 
if the Secretary determines that such country charges a visa 
application or issuance fee to citizens of the United States. 
(b) AUTOMATED VISA LOOKOUT SYSTEM.—Not later than 18 8 use 1182 note. 
months after the date of the enactment of this Act, the Secretary 
of State shall implement an upgrade of all overseas visa lookout 
operations to computerized systems with automated multiple-name 
search capabilities. 
(c) PROCESSING OF VISAS FOR ADMISSION TO THE UNITED 8 use 1182 note. 
STATES.— 
108 STAT. 400 
PUBLIC LAW 103-236—APR. 30, 1994 
8 u s e 1182 note. 
Reports. 
(IXA) Beginning 24 months after the date of the enactment 
of this Act, whenever a United States consular officer issues 
a visa for admission to the United States, that official shall 
certify, in writing, that a check of the Automated Visa Lookout 
System, or any other system or Ust which maintains informa-
tion about the excludability of aliens under the Immigration 
and Nationality Act, has been made and that there is no 
basis under such system for the exclusion of such alien. 
(B) If, at the time an alien applies for an immigrant or 
nonimmiinrant visa, the alien's name is included in the Depart-
ment of State's visa lookout system and the consular officer 
to whom the application is made fails to follow the procedures 
in processing tne application required by the inclusion of the 
alien's name in such system, the consular officer's failure shall 
be made a matter of record and shall be considered as a 
serious negative factor in the officer's annual performance 
evaluation. 
(2) If an alien to whom a visa was issued as a result 
of a failure described in paragraph (IXB) is admitted to the 
United States and there is thereafter probable cause to believe 
that the alien was a participant in a terrorist act causing 
serious loss of life or property in the United States, the Sec-
retary of State shall convene an Accountability Review Board 
under the authority of title III of the Omnibus Diplomatic 
Security and Antiterrorism Act of 1986. 
(d) ACCESS TO THE INTERSTATE IDENTIFICATION INDEX.— 
(1) Subject to paragraphs (2) and (3), the Department of 
State Consolidated Immigrant Visa Processing Center shall 
have on-line access, without payment of any fee or charge, 
to the Interstate Identification Index of the National Crime 
Information Center solely for the purpose of determining 
whether a visa applicant has a criminal mstory record indexed 
in such Index. Such access does not entitle the Department 
of State to obt£dn the full content of automated records through 
the Interstate Identification Index. To obtain the full content 
of a criminal history record, the Department shall submit a 
separate request to the Identification Records Section of the 
Federal Bureau of Investigation, and shall pay the appropriate 
fee as provided for in the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations 
Act, 1990 (Public Law 101-162). 
(2) The Department of State shall be responsible for all 
one-time start-up and recurring incremental non-personnel 
costs of establishing and maintaining the access authorized 
in paragraph (1). 
(3) The individual primarily responsible for the day-to-
day implementation of paragraph (1) shall be an employee 
of the Federal Bureau of^ Investigation selected by the Depart-
ment of State, and detailed to the Department on a fully 
reimbursable basis. 
(4) Not later than December 31, 1996, the Secret£ury of 
State and the Director of the Federal Bureau of Investigation 
shall jointly submit to the Committee on Foreign Affairs and 
the Committee on the Judiciary of the House of Representa-
tives, and the Committee on Foreign Relations and the Commit-
tee on the Judiciary of the Senate, a report on the effectiveness 
of the procedure authorized in this subsection. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 401 
(5) This subsection shall cease to have effect after December Termination 
31,1997. 
date. 
SEC. 141. LOCAL GUARD CONTRACTS ABROAD. 
Section 136 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (PubUc Law 101-246) is amended— 
22 use 4864. 
(1) in subsection (c)— 
(A) in paragraph (2), by striking "due to their distance 
from the post"; 
(B) by redesignating paragraphs (2) and (3) as para-
graphs (6) and (7) respectively; ana 
(C) by inserting after paragraph (1) the following: 
"(2) absent compelling reasons, award such contracts 
through the competitive process; 
"(3) in evaluating and scoring proposals for such contracts, 
award not less than 60 percent of the total points on the 
basis of technical factors and subfactors; 
"(4) in countries where contract denomination and/or pay-
ment in local currencies constitutes a barrier to competition 
by United States firms— 
"(A) allow solicitations to be bid in United States dol-
lars; and 
"(B) allow contracts awarded to United States firms 
to be paid in United States dollars; 
"(5) ensure that United States diplomatic and consular 
posts assist United States firms in obtaining local licenses 
and permits;"; and 
(2) in subsection (d)— 
(A) paragraph (1)(D), by striking "and" and inserting 
"or";ancl 
(B) by adding at the end the following new paragraph 
(4): 
"(4) the term 'barrier to local competition' means— 
"(A) conditions of extreme currency volatility; 
"(B) restrictions on repatriation of profits; 
"(C) multiple exchange rates which significantly dis-
advantage United States firms; 
"(D) government 
restrictions 
inhibiting the free 
convertibility of foreign exchange; or 
"(E) conditions of extreme local political instability."; 
(C) by striking "and" at the end of paragraph (2); 
and 
(D) by striking the period at the end of paragraph 
(3) and inserting "; and". 
SEC. 142. WOMEN'S HUMAN RIGHTS PROTECTION. 
(a) SENSE OF CONGRESS.—^The Congress makes the following 
declarations: 
(1) The State Department should designate a senior advisor 
to the appropriate Undersecretary to promote international 
women's human rights within the overall human rights policy 
of the United States (jovemment. 
(2) The purpose of assigning a special assistant on women's 
human rights issues is not, to segregate such issues, but rather 
to assure that they are considered along with other human 
rights issues in the development of United States foreign policy. 
(3) A specifically designated special assistant is necessary 
because within the human rights field and the foreign policy 
108 STAT. 402 
PUBLIC LAW 103-236—APR. 30, 1994 
establishment, the issues of gender-based discrimination and 
violence against women have long been ignored or made 
invisible. 
(4) The Congress believes that abuses against women would 
have greater visibility and protection of women's human rights 
would improve if the advocate were responsible for integrating 
women's human rights issues into United States foreign policy, 
bilateral assistance, multilateral diplomacy, trade policy, and 
democracy promotion. 
(b) CONGRESSIONAL NOTIFICATION.—Not later than 180 days 
after the date of enactment of this Act, the Secretary of State 
shall notify the Congress of the steps taken to fulfill the objectives 
detailed in subsection (a). 
PART C—DEPARTMENT OF STATE 
ORGANIZATION 
SEC. 161. ORGANIZATION OF THE DEPARTMENT OF STATE. 
(a) ORGANIZATION.—Section 1 of the State Department Basic 
Authorities Act of 1956 is amended to read as follows: 
"ORGANIZATION OF THE DEPARTMENT OF STATE 
22 u s e 2651a. 
"SECTION 1. (a) SECRETARY OF STATE.— 
"(1) The Department of State shall be administered, in 
accordance with this Act and other provisions of law, under 
the supervision and direction of the Secretary of State (herein-
after referred to as the 'Secretary*). 
President. 
"(2) The Secretary shall be appointed by the President, 
by and with the advice and consent of the Senate. 
"(3XA) Notwithstanding any other provision of law and 
except as provided in this section, the Secretary shall have 
and exercise any authority vested by law in any office or official 
of the Department of State. The Secretary shall administer, 
coordinate, and direct the Foreign Service of the United Stetes 
and the personnel of the Deps^ment of Stete, except where 
authority is inherent in or vested in the President. 
"(BXi) The Secretary shall not have the authority of the 
Inspector General or the Chief Financial Officer. 
"(ii) The Secretary shall not have any authority given 
expressly to cUplomatic or consular officers. 
"(4) The Secretary is authorized to promulgate such rules 
and regulations as may be necessary to carry out the functions 
of the Secretary of Stete and the Department of Stete. Unless 
otherwise specified in law, the Secretary may delegate authority 
to perform any of the functions of the Secretory or the Depart-
ment to officers and employees imder the direction and super-
vision of the Secretary. The Secretory may delegate the 
authority to redelegate any such functions. 
President. 
«(b) UNDER SECRETARIES.—There shall be in the Department 
of Stete not more than 5 Under Secreteries of Stete, who shall 
be appointed by the President, by and with the advice and consent 
of the Senate, and who shall be compensated at the rate provided 
for at level III of the Executive Schedule under section 5314 of 
title 5, United Stetes Code. 
"(c) ASSISTANT SECRETARIES.— 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 403 
"(1) IN GENERAL.—There shall be in the Department of President. 
State not more than 20 Assistant Secretaries of State, each 
of whom shall be appointed by the President, by and with 
the advice and consent of the Senate, and who shall be com-
pensated at the rate provided for at level IV of the Executive 
Schedule imder section 5315 of title 5. 
"(2) ASSISTANT SECRETARY OF STATE FOR DEMOCRACY, 
HUMAN RIGHTS, AND LABOR.—(A) There shall be in the Depart-
ment of State an Assistant Secretary of State for Democracy, 
Human Rights, and Labor who shall be responsible to th3 
Secretary of State for matters pertaining to human rights and 
humanitarian affairs (including matters relating to prisoners 
of war and members of the United States Armed Forces missing 
in action) in the conduct of foreign policy and such other related 
duties as the Secretary may from time to time designate. The 
Secretary of State shall carry out the Secretary's responsibility 
under section 502B of the Foreign Assistance Act of 1961 
through the Assistant Secretary. 
"(B) The Assistant Secretary of State for Democracy, 
Human Rights, and Labor shall maintain continuous observa-
tion and review all matters pertaining to human rights and 
humanitarian affairs (including matters relating to prisoners 
of war and members of the United States Armed Forces missing 
in action) in the conduct of foreign policy including the follow-
ing: 
"(i) Gathering detailed information regarding humani-
tarian affairs and the observance of and respect for inter-
nationally recognized human rights in each country to 
which requirements of sections 116 and 502B of the Foreign 
Assistance Act of 1961 are relevant. 
"(ii) Preparing the statements and reports to Congress 
required under section 502B of the Foreign Assistance Act 
of 1961. 
"(iii) Making recommendations to the Secretary of 
State and the Administrator of the Agency for International 
Development regarding compliance with sections 116 and 
502B of the Foreign Assistance Act of 1961, and as part 
of the Assistant Secretary's overall policy responsibility 
for the creation of United States Government human rights 
policy, advising the Administrator of the Agency for Inter-
national Development on the policy framework under which 
section 116(e) projects are developed and consulting with 
the Administrator on the selection and implementation 
of such projects. 
"(iv) Performing other responsibilities which serve to 
promote increased observance of internationally recognized 
human rights by all countries. 
"(d) DEPUTY ASSISTANT SECRETARIES.—There shall be in the 
Department of State not more than 66 Deputy Assistant Secretaries 
of State. 
"(e) OTHER SENIOR OFFICIALS.—^In addition to officials of the 
Department of State who are otherwise authorized to be appointed 
by the President, by and with the advice and consent of the Senate, 
and to be compensated at level IV of the Executive Schedule of 
section 5315 of title 5, United States Code, four other such appoint-
ments are authorized.". 
108 STAT. 404 
PUBLIC LAW 103-236—APR. 30, 1994 
22 u s e 2651a 
note. 
22 u s e 2651a 
note. 
22 u s e 2651a 
note. 
22 u s e 2651a 
note. 
22 u s e 2651a 
note. 
President. 
(b) APPLICATION.—^The amendments made by this section and 
section 133 shall apply with respect to officials, ofHces, and bureaus 
of the Department of State when executive orders, regulations, 
or departmental directives implementing such amendments become 
effective, or 90 days after the date of enactment of this Act, which-
ever comes earlier. 
(c) TRANSiTiON.—^Any officer of the Department of State holding 
office on the date of the enactment of this Act shall not be required 
to be reappointed to any other office, at the Department of State 
at the same level performing similar functions, as determined by 
the President, by reason of the enactment of the amendments 
made by this section and section 162. 
(d) REFERENCES IN OTHER ACTS.—^Except as specifically pro-
vided in this Act, or the amendments made by this Act, a reference 
in any other provision of law to an official or office of the Depart-
ment of State affected by the amendment made by subsection 
(a) (other than the Inspector Greneral of the Department of State 
and the Chief Financial Officer of the Department of State) shall 
be deemed to be a reference to the Secretary of State or the 
Department of State, as may be appropriate. 
(e) OFFICE OF THE COORDINATOR FOR COUNTERTERRORISM.— 
Notwithstanding any other provision of this section, for not less 
than one year after the date of the enactment of this Act there 
shall be in the Department of State an Office of the Coordinator 
for Counterterrorism which shall be headed by a Coordinator for 
Coimterterrorism. The office shall have the same responsibilities 
and functions as the Office of the Coordinator for Counterterrorism 
at the Department of State had as of January 20,1993. 
(f) DEPUTY ASSISTANT SECRETARY FOR BURDENSHARING.— 
(1) ESTABLISHMENT.—None of the funds authorized to be 
appropriated by this Act shall be available for obligation or 
expenditure during fiscal year 1995 unless, not later than 90 
days after the date of enactment of this Act, the Secretory 
of Stote has estoblished within the Department of State the 
position of Deputy Assistont Secretary for Burdensharing, the 
incumbent of which shall be an official of ambassadorial rank, 
appointed by the President by and with the advice and consent 
of the Senate. 
(2) RESPONSIBILITIES.—The Deputy Assistant Secretary for 
Biu'densharing shall perform such duties and exercise such 
authorities as the Secretary of State shall prescribe, including 
the principal duty of negotiations for the following: 
(A) Increased in-kind and financial support (including 
increased payment of basing costs) by countries allied to 
the United Stotes for Department of Defense military units 
and personnel assigned to permanent duty ashore outside 
the United Stotes in support of the security of such coun-
tries. 
(B) Recoupment of funds associated with 
financial 
commitments from such coimtries for paying the United 
Stotes the residual value of United Stotes facilities in 
such countries that the United Stotes relinquishes to such 
countries upon the termination of the use of such facilities 
by the United States. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 405 
", which is in addition 
first section of the Act 
SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) ACT OF MAY 26, 1949.—The Act entitled "An Act to 
strengthen and improve the organization and administration of 
the Department of State, and for other purposes" (May 26, 1949; 
PubHc Law 81-73; 22 U.S.C. 2652 et seq.) is repealed. 
(b) 
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 
1979.—Section 115 of the Foreign Relations Authorization Act, Fis-
cal Year 1979 (22 U.S.C. 2652a) is amended by striking subsection 
(a). 
(c) FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 
1992 AND 1993.—Section 122 of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is amended— 
(1) by striking subsection (c); 
(2) in subsection (a) by striking 
to the positions provided under the 
of May 26, 1949 (22 U.S.C. 2652); and 
(3) by striking subsection (d)(1). 
(d) TITLE 5, UNITED STATES CODE.— 
(1) Section 5314 of title 5, United States Code, is amended 
by striking— 
"Under Secretary of State for Political Affairs and Under 
Secretary of State for Economic and Agricultural Affairs and 
an Under Secretary of State for Coordinating Security Assist-
ance Programs and Under Secretary of State for Management. 
"Counselor of the Department of State." 
and inserting— 
"Under Secretaries of State (5).". 
(2) Section 5315 of title 5, United States Code, is amended 
by striking "Assistant Secretaries of State (15).", "Legal Adviser 
of the Department of State.", "Chief of Protocol, Department 
of State.", "Assistant Secretary for Oceans and International 
Environmental and Scientific Affairs, Department of State.", 
"Assistant Secretary for International 
Narcotics 
Matters, 
Department of State.", "Assistant Secretary for South Asian 
Affairs, Department of State.", and inserting "20 Assistant Sec-
retaries of State and 4 other State Department officials to 
be appointed by the President, by and with the advice and 
consent of the Senate.". 
(e) FOREIGN ASSISTANCE ACT OF 1961.—The Foreign Assistance 
Act of 1961 is amended— 
(1) in section 116(c) (22 U.S.C. 215In), by striking "Assist-
ant Secretary for Human Rights and Humanitarian Affairs" 
and inserting "Assistant Secretary of State for Democracy, 
Human Rights, and Labor"; 
(2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(l) (22 
U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)) by 
striking "Human Rights and Humanitarian Affairs" each place 
it appears and inserting "Democracy, Human Rights, and 
Labor"; 
(3) in section 573(c) by striking "Human Rights and 
Humanitarian Affairs" and inserting "Democracy, Human 
Rights, and Labor"; and 
(4) in section 624 by striking subsection (f). 
(f) ARMS EXPORT CONTROL ACT.—Section 5(d)(1) of the Arms 
Export Control Act is amended (22 U.S.C. 2755(dXl)) by striking 
"Assistant Secretary of State for Human Rights and Humanitarian 
Affairs" and inserting "Secretary of State". 
22 use 811a, 
2652, 2653, 2658. 
President. 
22 use 
2349aa-2. 
22 u s e 2384. 
108 STAT. 406 
PUBLIC LAW 103-236—APR. 30, 1994 
(g) DIPLOMATIC SECURITY ACT.—The Omnibus Diplomatic Secu-
rity and Antiterrorism Act of 1986 is amended— 
(1) in section 102(b) (22 U.S.C. 4801(b)) by— 
(A) striking paragraph (2); and 
(B) redesignating paragraphs (3) through (6) as para-
graphs (2) through (5), respectively; 
22 use 4802. 
(2) in subsection 103(a)— 
(A) by inserting "(1)" before "The Secretary of State"; 
(B) by redesignating paragraphs (1) through (4) as 
subparagraphs (A) through (D), respectively; and 
(C) by inserting at the end the following new para-
graph: 
"(2) Security responsibilities shall include the following: 
"(A) FORMER OFFICE OF SECURITY FUNCTIONS.—Functions 
and responsibilities exercised by the Office of Security, Depart-
ment of State, before November 11,1985. 
"(B) SECURITY AND PROTECTIVE OPERATIONS.— 
"(i) Establishment and operations of post security and 
protective functions abroad. 
"(ii) Development and implementation of commimica-
tions, computer, and information security. 
"(iii) Emergency planning. 
"(iv) Establishment and operation of local guard serv-
ices abroad. 
"(v) Supervision of the United States Marine Corps 
security guard program. 
"(vi) Liaison with American overseas private sector 
security interests. 
"(vii) Protection of foreign missions and international 
organizations, foreign officials, and diplomatic personnel 
in the United States, as authorized by law. 
"(viii) Protection of the Secretary of State and other 
persons designated by the Secretary of State, as authorized 
by law. 
"(ix) Physical protection of Department of State facili-
ties, commimications, and computer and information sys-
tems in the United States. 
"(x) Conduct of investigations relating to protection 
of foreign officials and diplomatic personnel and foreign 
missions in the United States, suitability for employment, 
employee security, illegal passport and visa issuance or 
use, and other investigations, as authorized by law. 
"(xi) Carrying out the rewards program for information 
concerning international terrorism authorized by section 
36(a) of the State Department Basic Authorities Act of 
1956. 
"(xii) Performance of other security, investigative, and 
protective matters as authorized by law. 
"(C) COUNTERTERRORISM PLANNING AND COORDINATION.— 
Development and coordination of counterterrorism planning, 
emergency action planning, threat analysis programs, and liai-
son with other Federal agencies to carry out this paragraph. 
"(D) SECURITY TECHNOLOGY.—Development and imple-
mentation of technical and physical security programs, includ-
ing security-related construction, radio and personnel security 
communications, armored vehicles, computer and communica-
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 407 
tions seciirity, and research programs necessary to develop 
such measures. 
"(E) DIPLOMATIC COURIER SERVICE.—Management of the 
diplomatic courier service. 
"(F) PERSONNEL TRAINING.—Development of facilities, 
methods, and materials to develop and upgrade necessary skills 
in order to carry out this section. 
"(G) FOREIGN GOVERNMENT TRAINING.—Management and 
development of antiterrorism assistance programs to assist for-
eign government security training which are administered by 
the Department of State under chapter 8 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.)."; 
(3) by striking section 104; 
22 use 4803, 
(4) by striking section 105; 
| | J | ^ U
S
C 
(5) in section 107, by striking "The Chief of Protocol of 22 use 4804. 
the Department of Stete shall consult with the Assistant Sec- 22 use 4806. 
retary of Diplomatic Security" and inserting "The Secretary 
of State shall take into account security considerations"; 
(6) in title II by amending the title heading to read as 22 use 4821 et 
follows: "TITLE II—PERSONNEL"; 
^• 
(7) by amending section 201 
to 
read as follows: 
22 use 4821. 
"SEC. 201. DIPLOMATIC SECURITY SERVICE. 
"The Secretary of Stete may establish a Diplomatic Security 
Service, which shall perform such functions as the Secretary may 
determine."; 
(8) in section 202— 
22 U
S
C 4822. 
(A) by striking "The" in the first sentence and inserting 
"Any such"; 
(B) by striking "shall" each place it appears in the 
first, third, and fourth sentences and inserting "should"; 
and 
(C) by striking the last sentence; 
(9) in section 203— 
22 use 4823. 
(A) by amending the heading to read as follows: 
"SEC. 203. SPECIAL AGENTS."; 
(B) in the first sentence by striking "Positions in the 
Diplomatic Security Service" and inserting "Special agent 
positions"; and 
(C) in the last sentence by striking "In the case of 
positions designated for special agents, the" and inserting 
"The"; and 
(10) in section 402(aX2) by striking "Assistant Secretary 22 use 4852. 
for Diplomatic Security" and inserting "Secretory of State". 
(h) IMMIGRATION AND NATIONAUTY ACT.—The Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended— 
(1) in section 101(a)(1) (8 U.S.C. 1101(a)(1)) by striking 
"Assistant Secretary of State for Consular Affairs" and inserting 
"official designated by the Secretory of State pursuant to section 
104(b) of this Act"; 
(2) in section 104 (8 U.S.C. 1104)— 
(A) in the heading by striking "; B
U
R
E
A
U OF C
O
N
S
U
L
A
R 
AFFAIRS"; 
(B) in subsection (a), by striking "the Bureau of Con-
sular Affairs" and inserting "the Administrator"; 
(C) by amending subsection (b) to read as follows: 
108 STAT. 408 
PUBLIC LAW 103-236—APR. 30, 1994 
"Oi) The Secretary of State shall designate an Administrator 
who shall be a citizen of the United States, qualified by experience. 
The Administrator shall maintain close Uaison with the appropriate 
committees of Congress in order that they may be advised regarding 
the administration of this Act by consular ofiKcers. The Adminis-
trator shall be charged with any and all responsibility and authority 
in the administration of this Act which are conferred on the Sec-
retary of State as may be delegated to the Administrator by the 
Secretary of State or which may be prescribed by the Secretary 
of State, and shall perform such other duties as the Secretary 
of State may prescribe."; 
(D) in subsection (c), by striking "Bureau" and inserting 
"Department of State"; and 
(E) in subsection (d), by striking all after "respectivel3r" 
(3) in section 105 (8 U.S.C. 1105) by striking "Assistant 
Secretary of State for Consular Affairs" and inserting "Adminis-
tratoi^ each place it appears. 
(i) DEPARTMENT OF STATE APPROPRIATIONS ACT, 1989.—Section 
306 of the Department of State Appropriations Act, 1989 (Public 
102 Stat. 2208. 
Law 100-469) is repealed. 
(j) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, FISCAL YEAR 
1989.—Section 8125 of the Department of Defense Appropriations 
1
0 use 113 note. Act, Fiscal Year 1989 (Public Law 100-463) is amended by striking 
subsection (c). 
(k) STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956.— 
(1) Section 35 of the State Department Basic Authorities Act of 
1966 (22 U.S.C. 2707) is amended— 
(A) by striking subsection (a); and 
(B) in subsection (b)^ 
(i) by striking the text preceding paragraph (1) and 
inserting the following: "The Secretary of State shall be 
respK)nsu)le for formulation, coordination, and oversight of 
foreign ptolicy related to international communications and 
informationpolicy. The Secretary of State shall—"; 
(ii) bv striking paragraph (2); 
(iii) by redesignating paragraph (1) as paragraph (2); 
(iv) by inserting before paragraph (2) (as so redesig-
nated) the following: 
"(1) exercise primary authority for the conduct of foreign 
policy with respect to such telecommunications functions, 
including the determination of United States positions and 
the conduct of United States participation in negotiations with 
foreign governments and international bodies. In exercising 
this responsibility, the Secretary shall coordinate with other 
agencies as appropriate, and, in particular, shall give full 
consideration to the authority vested by law or Executive order 
in the Federal Communications Commission, the Department 
of Commerce and the Office of the United States Trade Rep-
resentative in this area;"; 
(v) in paragraph (2) (as so redesignated) by striking 
"with the bureaus and offices of the Department of State 
and", and inserting before the semicolon "and with the 
Federal Communications Commission, as appropriate"; and 
(vi) in paragraph (3), by striking "the Senior Inter-
agency Group on International Communications and 
Information Policjr" and inserting "any senior interagency 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 409 
policymaking group on international telecommunications 
and information policy and chair such interagency meetings 
as may be necessary to coordinate actions on pending 
issues;". 
(2) Nothing in the amendments made by paragraph (1) affects 
22 use 2707 
the nature or scope of the authority that is on the date of enactment 
^°^-
of this Act vested by law or Executive order in the Department 
of Commerce, the Office of the United St£.tes Trade Representative, 
the Federal Communications Commission, or any officer thereof. 
(3) Section 3 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2670) is amended— 
(A) by striking "and" at the end of subsection (k); 
(B) by striking the period at the end of subsection (1) 
and inserting "; and"; and 
(C) by adding at the end the following: 
"(m) establish, maintain, and operate passport and dispatch 
agencies.". 
(4) Section 2 of the State Department Basic Authorities Act 
of 1956 is amended by striking "(1) pay" and inserting "(m) pay". 22 use 2669. 
(m) REFUGEE ACT OF 1980.—The Refugee Act of 1980 (Public 
Law 96-212) is amended— 
(1) in the heading for title III, by striking "UNITED 8 use 1525 cf 
STATES COORDINATOR FOR REFUGEE AFFAIRS AND"; ''^^ 
(2) by striking the heading for part A; 
(3) by repeaUng section 301; and 
8 use 1525. 
(4) by striking the heading for part B. 
(n) IMMIGRATION AND NATIONALITY ACT.— 
(1) Section 411(b) of the Immigration and Nationality Act 
(8 U.S.C. 1521(b)) is amended by striking "and under the gen-
eral policy guidance of the United States Coordinator for Refu-
gee Affairs (hereinafter in this chapter referred to as the 
'Coordinator*)" and inserting "the Secretary of State". 
(2) Section 412 of the Immigration and Nationality Act 
(8 U.S.C. 1522) is amended— 
(A) in subsection (a)(2)(A), by striking ", together with 
the Coordinator,"; 
(B) in subsections (bX3) and (bX4), by striking "in 
consultation with the Coordinator,"; and 
(C) in subsection (eX7XC), by striking ", in consultation 
with the United States Coordinator for Refugee Affairs,". 
(3) Section 413(a) of the Immigration and Nationality Act 
(8 U.S.C. 1523) is amended by striking ", in consultation with 
the Coordinator,". 
(o) STATE DEPARTMENT BASIC AUTHORITIES ACT.—Title II 
of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 
4301 et seq.) is amended— 
(1) in section 202(a) by striking paragraph (3) and 
22 use 4302. 
redesignating paragraphs (4) through (8) as paragraphs (3) 
through (7); 
(2) in section 203 by amending such section to read as 22 use 4303. 
follows: 
"AUTHORITIES OF THE SECRETARY OF STATE 
"SEC. 203. The Secretary shall carry out the following functions: 
"(1) Assist agencies of Federal, State, and municipal 
government with regard to ascertaining and according benefits, 
108 STAT. 410 
PUBLIC LAW 103-236—APR. 30, 1994 
22 u s e 4304. 
22 u s e 4304a. 
22 u s e 4305. 
22 u s e 4308. 
22 u s e 2664. 
22 u s e 2655a. 
E
rivileges, and immunities to which a foreign mission may 
e entitled. 
"(2) Provide or assist in the provision of benefits for or 
on behalf of a foreign mission in accordance with section 204. 
**(3) As determined by the Secretary, dispose of property 
acquired in carrying out the purposes of this Act. 
"(4) As determined by the Secretary, designate an office 
within the Department of State to carry out the purposes 
of this Act. If such an office is established, the President may 
appoint, by and with the advice and consent of the Senate, 
a Director, with the rank of ambassador. Of the Director and 
the next most senior person in the office, one should be an 
individual who has served in the Foreign Service and the 
other should be an individual who has served in the United 
States intelligence community. 
"(5) Perform such other functions as the Secretary may 
determine necessary in furtherance of the policy of this title. ; 
(3) in section 204— 
(A) in subsections (a), (b), and (c), by striking "Director" 
each place it appears and inserting "Secreta^'; and 
(B) in paragraph (d), by striking "the Director or any 
other" and inserting "any"; 
(4) in section 204A, by striking "Director" each place it 
appears and inserting "Secretar}^"; 
(5) in section 205— 
(A) in subsection (a), by striking "Director" and insert-
ing "Secretary*; and 
(B) in subsection (cX2) by striking "authorize the Direc-
tor to"; and 
(6) in section 20&— 
(A) in subsection (d) by striking "Director" and insert-
ing in its place "Secretary"; 
(B) in subsections (c), (e), and (f), by striking "Office 
of Foreign Missions" each place it appears and inserting 
"Department of State"; and 
(C) in subsection (h)(2) by striking "Director or the", 
(p) OFFieE OF COUNSELOR; LEGAL ADVISER.— 
(1) The Act entitled "An Act to create the Office of Coun-
selor of the United States" (May 18, 1937; PubUc Law 75-
91; 22 U.S.C. 2655) is repealed. 
(2) The Act entitled "An Act for the reorganization and 
improvement of the Foreign Service of the United States and 
for other purposes" (May 24, 1924; PubHc Law 68-135; 22 
U.S.C. 2654) is amended by striking section 30. 
(q) AMENDMENT TO THE DEPARTMENT OF STATE APPROPRIATIONS 
AUTHORIZATION ACT OF 1973.—Section 9 of the Department of 
State Appropriations Authorization Act of 1973 (22 U.S.C. 2655) 
is amended— 
(1) in subsection (a)— 
(A) by striking "In addition to the positions provided 
under the first section of the Act of May 26, 1949, as 
amended (22 U.S.C. 2652), there" and inserting "There"; 
and 
(B) by inserting before the period at the end of the 
subsection "and for such other related duties as the Sec-
retary may from time to time designate"; and 
(2) by striking subsection (b). 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 411 
SEC. 163. DIRECTOR GENERAL OF THE FOREIGN SERVICE. 
Section 208 of the Foreign Service Act of 1980 (22 U.S.C. 
3928) is amended to read as follows: 
"SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE. 
President. 
"The President shall appoint, by and with the advice and con-
sent of the Senate, a Director General of the Foreign Service, 
who shall be a current or former career member of the Foreign 
Service. The Director Greneral should assist the Secretary of State 
in the management of the Service and perform such functions 
as the Secretary of State may prescribe.". 
SEC. 164. ADMINISTRATIVE EXPENSES. 
(a) ADMINISTRATIVE EXPENSES FOR NARCOTICS, TERRORISM, AND 
CRIME.—Section 482 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2291a) is amended by adding the following new subsection: 
"(d) ADMINISTRATIVE ASSISTANCE.—<1) Except as provided in 
paragraph (2), personnel funded pursuant to this section are author-
ized to provide administrative assistance to personnel assigned 
to the bureau designated by the Secretary of State to replace 
the Bureau for International Narcotics Matters. 
"(2) Paragraph (1) shall not applv to the extent that it would 
result in a reduction in funds available for antinarcotics assistance 
to foreign countries.". 
(b) AMENDMENT TO THE MIGRATION AND REFUGEE ASSISTANCE 
ACT.—Section 5 of the Migration and Refugee Assistance Act (22 
U.S.C. 2605) is amended by adding at the end the following new 
subsection: 
"(c) Personnel funded pursuant to this section are authorized 
to provide administrative assistance to personnel assigned to the 
bureau charged with carrying out this Act.". 
PART D—PERSONNEL 
Subpart 1—General Provisions 
SEC. 171. LABOR-MANAGEMENT RELATIONS. 
Section 1017(e) of the Foreign Service Act of 1980 (22 U.S.C. 
4117(e)) is amended to read as follows: 
"(eXD Notwithstanding any other provision of this chapter— 
"(A) participation in the management of a labor orga-
nization for purposes of collective bargaining or acting as a 
representative of a labor organization for such purposes is 
prohibited under this chapter— 
"(i) on the part of any management official or confiden-
tial employee; 
"(ii) on the part of any individual who has served 
as a management official or confidential employee during 
the preceding two years; or 
"(iii) on the part of any other employee if the participa-
tion or activity would result in a conflict of interest or 
apparent conflict of interest or would otherwise be 
incompatible with law or with the official fiuictions of such 
employee; and 
"(B) service as a management official or confidential 
employee is prohibited on the part of any individual having 
participated m the management of a labor organization for 
108 STAT. 412 
PUBLIC LAW 103-236—APR. 30, 1994 
purposes of collective bargaining or having acted as a represent-
ative of a labor organization during the preceding two years. 
"(2) For the purposes of paragraph (IXAXii) and paragraph 
(IXB), the term 'management ofiEiciar shall not include chiefs of 
mission, principal officers and their deputies, and administrative 
and personnel officers abroad.". 
SEC. 172. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR PER-
SONAL PROPERTY DAMAGE OR LOSS. 
(a) CLAIMS RESULTING FROM EMERGENCY EVACUATION IN A 
FOREIGN COUNTRY.—Subsection 3721(b) of title 31 of the United 
States Code is amended— 
(1) by inserting "(1)" after "(b)"; and 
(2) by adding after paragraph (1), as so designated, the 
following: 
"(2) The Secretanr of State may waive the settlement and 
payment limitation referred to in paragraph (1) for claims for dam-
age or loss by United States Government personnel under the 
jurisdiction of a chief of mission in a foreign country if such claims 
arise in circumstances where there is in effect a departure from 
the country authorized or ordered under circumstances described 
in section 5522(a) of title 5, if the Secretary determines that there 
exists exceptional circumstances that warrant such a waiver.". 
31 use 3721 
(b) RETROACTIVE APPLICATION.—The amendments made by sub-
"°*®- 
section (a) shall apply with respect to claims arising on or after 
October 31,1988. 
SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY. 
22 use 3965 
(a) PROHIBITION ON AWARDS.—Notwithstanding any other 
^°^- 
provision of law, the Secretary of State may not award or pay 
performance payments for fiscal years 1994 and 1995 under section 
405 of the Foreign Service Act of 1980 (22 U.S.C. 3965), unless 
the Secretary awards or pays performance awards to other Federal 
employees for such fiscal years. 
22 use 3965 
(b) AWARDS IN SUBSEQUENT FISCAL YEARS.—The Secretary may 
"°*®- 
not make a performance award or pajnnent in any fiscal year 
after a fiscal year referred to in subsection (a) for the purpose 
of providing an individual with a performance award or payment 
to which the individual would otherwise have been entitled in 
a fiscal year referred to in such subsection but for the prohibition 
described in such subsection. 
22 use 3965 
(c) APPLICATION TO USIA, AID, AND ACDA—Subsections (a) 
^°^- 
and (b) shall apply to the United States Information Agency, the 
Agency for International Development, and the Arms Control and 
Disarmament Agency in the same manner as such subsections 
apply to the Department of State, except that the Director of the 
United States Information Agency, the Administrator of the Agency 
for International Development, and the Director of the Arms Control 
and Disarmament Agency shall be subject to the limitations and 
authority of the Secretary of State under subsections (a) and (b) 
for their respective agencies. 
(d) AMENDMENT TO FOREIGN SERVICE AcT OF 1980.—Section 
405(bX4) of the Foreign Service Act of 1980 (22 U.S.C. 3965(bX4)) 
is amended to read as follows: 
"(4) Any award under this section shall be subject to the 
limitation on certain payments under section 5307 of title 5, 
United States Code.". 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 413 
SEC. 174. REASSIGNMENT AND RETIREMENT OF FORMER PRESI-
DENTIAL APPOINTEES. 
Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 
4053) is amended by striking all that follows the section caption 
and inserting the following: 
"(a) A participant, who completes an assignment under section 
302(b) in a position to which the participant was appointed by 
the President, and is not otherwise eligible for retirement— 
"(1) shall be reassigned within 90 days after the termi-
nation of such assignment and any period of authorized leave, 
or 
"(2) if the Secretary of State determines that reassignment 
is not in the interest of the Foreign Service, shall be retired 
from the Service and receive retirement benefits in accordance 
with section 806 or 855, as appropriate. 
"(b) A participant who completes an assignment imder section 
302(b) in a position to which the participant was appointed by 
the President and is eligible for retirement and is not reassigned 
within 90 days after the termination of such assignment and any 
period of authorized leave, shall be retired from the Service and 
receive retirement benefits in accordance with section 806 or section 
855, as appropriate. 
"(c) A participant who is retired under subsection (aX2) and 
is subsequently employed by the United States Government, there-
after, shall be eligible to retire only under the terms of the 
applicable retirement system.". 
SEC. 175. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE 
POSITIONS. 
(a) AUDIT AND REVIEW.—Not later than December 31, 1994, 
the Comptroller General of the United States shall conduct a classi-
fication audit of all Senior Foreign Service positions in Washington, 
District of Columbia, assigned to the Department of State, the 
Agency for International Development, and the United States 
Information Agency and shall review the methods for classification 
of such positions. 
(b) REPORT.—^Not later than March 1, 1995, the Comptroller 
General shall submit a report of such audit and review to the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs of the House of Representatives. 
SEC. 176. ALLOWANCES. 
(a) 
AWAY-FROM-POST 
EDUCATION 
ALLOWANCE.—Section 
5924(4XA) of title 5, United States Code, is amended by inserting 
after the first sentence the following: "When travel from school 
to post is infeasible, travel may be allowed between the school 
attended and the home of a designated relative or family friend 
or to join a parent at any location, with the allowable travel expense 
not to exceed the cost of travel between the school and the post.". 
(b) EDUCATIONAL TRAVEL FOR COLLEGE STUDENTS STUDYING 
ABROAD.—Section 5924(4XB) of title 5, United States Code, is 
amended in the first sentence after "in the United States" by 
inserting "(or to and from a school outside the United States if 
the dependent is attending that school for less than one year under 
a program approved by the school in the United States at which 
the dependent is enrolled, with the allowable travel expense not 
X 
108 STAT. 414 
PUBLIC LAW 103-236—APR. 30, 1994 
to exceed the cost of travel to and from the school in the United 
States)". 
SEC. 177. GRIEVANCES. 
(a) GRIEVANCE BOARD PROCEDURES.—Section 1106 of the For-
eign Service Act of 1980 (22 U.S.C. 4136) is amended in the first 
sentence of paragraph (8) by striking "until the Board has ruled 
upon the grievance." and inserting "until the date which is one 
year after such determination or imtil the Board has ruled upon 
the grievance, whichever comes first. The Board shall extend the 
one-year limitation under the preceding sentence and the Depart-
ment shall continue to suspend such action, if the Board determines 
that the agency or the Board is responsible for the delay in the 
resolution of the grievance. The Board may also extend the 1-
year limit if it determines that the delay is due to the complexity 
of the case, the unavailability of witnesses or to circumstances 
beyond the control of the agency, the Board or the grievant.". 
(b) TIME LIMITATION ON REQUESTS FOR JUDICIAL REVIEW.— 
Section 1110 of the Foreign Service Act of 1980 (22 U.S.C. 4140) 
is amended in the first sentence by inserting before the period 
", if the request for judicial review is filed not later than 180 
days after the final action of the Secretary or the Board (or in 
the case of an aggrieved party who is posted abroad at the time 
of the final action of the Secretary or the Board, if the request 
for judicial review is filed not later than 180 days after the aggrieved 
party's return to the United States)". 
22 use 3922a 
SEC 178. MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM. 
(a) PURPOSE.—It is the purpose of this section to promote 
the acquisition and retention of highly qualified, trained, and experi-
enced women and minority personnel within the Foreign Service, 
to provide the maximum opportunity for the Foreign Service to 
meet staffing needs and to acquire the services of experienced 
and talented women and minority personnel, and to help alleviate 
the impact of downsizing, reduction-in-force, and budget restrictions 
occurring in the defense and national security-related agencies of 
the United States. 
(b) ESTABLISHMENT.—For each of the fiscal years 1994 and 
1995, the Secretary of State shall to the maximum extent prac-
ticable appoint to the Foreign Service qualified women and minority 
applicants who are participants in the priority placement program 
of the Department of Defense, the Department of Defense out-
placement referral program, the Office of Personnel Management 
Automated Applicant Referral System, or the Office of Personnel 
Management Interagency Placement Program. The Secretary shall 
make such appointments through the mid-level entry program of 
the Department of State under section 306 of the Foreign Service 
Act of 1980. 
(c) REPORT.—^Not later than 180 days after the date of enact-
ment of this Act, the Secretary of State shall prepare and submit 
a report concerning the implementation of subsection (a) to the 
Chairman of the Committee on Foreign Relations of the Senate 
and the Speaker of the House of Representatives. Such report 
shall include recommendations on methods to improve implementa-
tion of the purpose of this section. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 415 
SEC. 179. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CER- 
22 USC 4010a 
TAIN MEMBERS OF THE FOREIGN SERVICE. 
note. 
(a) REFERRAL SYSTEM.—Certain members of the Foreign Service 
(as described in subsection (b)), may participate in the Office of 
Personnel Management's Interagency Placement programs or any 
successor program. Such members of the Foreign Service shall 
be treated in the same manner as employees participating in such 
a program as of the effective date of this Act. 
(b) CERTAIN MEMBERS OF THE FOREIGN SERVICE.—For purposes 
of this section, the term "members of the Foreign Service" means 
any individual holding a career or career candidate appointment 
under chapter 3 of the Foreign Service Act of 1980. 
SEC. 180. UNITED STATES CITIZENS HIRED ABROAD. 
(a) AMENDMENTS TO THE FOREIGN SERVICE ACT OF 1980.— 
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended 
as follows: 
(1) Section 309(b) of such Act is amended— 
22 USC 3949. 
(A) by striking "and" at the end of paragraph (3); 
(B) by striking the period at the end of paragraph 
(4); and 
(C) by inserting at the end "; and (5) as a foreign 
national employee.". 
(2) Section 311 of such Act is amended to read as follows: 
22 USC 3951. 
"(a) TTie Secretary, under section 303, may appoint United 
States citizens, who are family members of government employees 
assigned abroad or are hired for service at their post of residence, 
for emplo3maent in positions customarily filled by Foreign Service 
officers. Foreign Service personnel, and foreign national employees. 
"(b) The fact that an applicant for employment in a position 
referred to in subsection (a) is a family member of a Grovemment 
employee assigned abroad shall be considered an affirmative factor 
in emplojdng such person. 
"(cXl) Non-family members employed under this section for 
service at their post of residence shall be paid in accordance with 
local compensation plans established under section 408. 
"(2) Family members employed under this section shall be 
paid in accordance with the Foreign Service Schedule or the salary 
rates established imder section 407. 
"(3) In exceptional circumstances, non-family members may 
be paid in accordance with the Foreign Service Schedule or the 
salary rates established imder section 407, if the Secretary deter-
mines that the national interest would be served by such payments. 
"(d) Nonfamily member United States citizens employed under 
this section shall not be eligible for benefits under chapter 8 of 
this Act, or under chapters 83 or 84 of title 5, United States 
Code.". 
(3) Section 404(a) of such Act is amended by striking "who 22 use 3964. 
are family members of Government employees paid in accord-
ance with a local compensation plan established undei^. 
(4) Section 408 of such Act is amended— 
22 use 3968. 
(A) in subsection (a)(1) by striking the first sentence 
and inserting "The Secretary shall establish compensation 
(including position classification) plans for foreign national 
employees of the Service £uid United States citizens 
employed under section 311(cXl)."; 
108 STAT. 416 
PUBLIC LAW 103-236—APR. 30, 1994 
(B) in the second sentence of subsection (a)(1), by strik-
ing "employed in the Service abroad who were hired while 
residing abroad and to those family members of Govern-
ment employees who are paid in accordance with such 
plans"; 
(C) in the third sentence of subsection (a)(1), by striking 
"foreign national" each place it appears; and 
(D) by adding at the end of subsection (aXD the follow-
ing: "For United States citizens under a compensation plan, 
the Secretary shall (A) provide such citizens with a total 
compensation package (including wages, allowances, bene-
fits, and other employer payments, such as for social secu-
rity) that has the equivalent cost to that received by foreign 
national employees occupying a similar position at that 
post and (B) define those allowances and benefits provided 
under United States law which shall be included as part 
of this total compensation package, notwithstanding any 
other provision of law, except that this section shall not 
be used to override United States minimum wage require-
ments, or any provision of the Social Security Act or the 
Internal Revenue Code. 
22 use 3984. 
(5) Section 504(b) of such Act is amended by inserting 
"(other thgin those employed in accordance with section 311)" 
after "citizen of the United States". 
22 use 4001. 
(6) Section 601(b)(2) of such Act is amended— 
(A) by striking "and" the last place it appears; and 
(B) by inserting "and other members of the Service" 
after "categories of career candidates,". 
22 use 4011. 
(7) Section 611 of such Act is amended by striking all 
that follows "Foreign Service Schedule" and inserting "or who 
is paid in accordance with section 407 or is a United States 
citizen paid under a compensation plan under section 408.". 
22 use 4083. 
(8) Section 903(a) of such Act is amended by inserting 
"(other than a member employed under section 311)" after 
"member of the Service" each place it appears. 
22 use 4102. 
(9) Section 1002(8)(A) of such Act is amended by inserting 
"a member of the Service who is a United States citizen (other 
than a family member) employed under section 311," after 
"a consular agent,". 
22 use 4131. 
(10) Section 1101(a)(1) of such Act is amended by inserting 
"(other than a United States citizen employed under section 
311 who is not a family member)" after "citizen of the United 
States". 
(b) AMENDMENTS TO THE STATE DEPARTMENT BASIC AUTHORI-
TIES ACT OF 1956.—Section 2(c) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting 
before the period: "; and such contracts are authorized to be nego-
tiated, the terms of the contracts to be prescribed, and the work 
to be performed, where necessary, without regard to such statutory 
provisions as relate to the negotiation, making, and performance 
of contracts and performance of work in the United States". 
SEC. 181. REDUCTION IN FORCE AUTHORITY WITH REGARD TO CER-
TAIN MEMBERS OF THE FOREIGN SERVICE. 
(a) IN GENERAL.—The Foreign Service Act of 1980 (22 U.S.C. 
4001 et seq.) is amended as follows: 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 417 
(1) By redesignating sections 611, 612, and 613 as sections 
612, 613, and 614, respectively. 
22 use 
(2) By inserting ailer section 610 the following new section: 4011-4013. 
•nSEC. 611. REDUCTIONS IN FORCE. 
Regulations. 
"(a) The Secretary may conduct reductions in force and shall 
^' 
prescribe regulations for the separation of members of the Service 
holding a career or career candidate appointment under chapter 
3 of this Act, imder such reductions in force which give due enect 
to the following: 
"(1) Organizational changes. 
"(2) Documented employee knowledge, skills, or com-
petencies. 
"(3) Tenure of employment. 
"(4) Documented employee performance. 
"(5) Military preference, subject to section 3501(aX3) of 
title 5, United States Code. 
"(b) The provisions of section 609 shall be applicable to any 
member of the Service holding a career or career candidate appoint-
ment under chapter 3 of tms Act, who is separated under the 
provisions of this section. 
"(c) An employee against whom action is taken under this 
section may elect either to file a grievance under chapter 11 or 
to appeal to the Merit Systems Protection Board imder procedures 
{>rescribed by the Board. Grievances under chapter 11 shall be 
imited to cases of reprisal, interference in the conduct of an employ-
ee's official duties, or similarly inappropriate use of the authority 
of this section.". 
(3) By amending section 609 (22 U.S.C. 4009)— 
(A) in subsection (aX2), by inserting "or 611" after 
"608(b)"; and 
(B) in subsection (b) by inserting "or 611" after "608(b)". 
(4) Chapter 11 of the Foreign Service Act of 1980 is 
amended— 
(A) in section 1101(bX3) by striking "611" and inserting 
22 use 4i3i. 
"612"; and 
(B) in section 1106(8) bv inserting before the period 
22 use 4136. 
at the end of the paragraph or with respect to any action 
which would delay the separation of an employee pursuant 
to a reduction in force conducted luider section 611 . 
(5) The table of contents for the Foreign Service Act is 
amended by striking out the items related to sections 611, 
612, and 613 and inserting in lieu thereof the following: 
"Sec. 611. Reductions in force. 
"Sec. 612. Termination of limited appointments. 
"Sec. 613. Termination of appointments of consular agents and foreign national em-
ployees. 
"Sec. 614. Foreign Service awards.". 
(b) MANAGEMENT RIGHTS.—Section 1005 of the Foreign Service 
Act of 1980 (22 U.S.C. 4105(a)) is amended— 
(1) by redesignating paragraphs (3) through (6) as para-
graphs (4) through (7), respectively; and 
(2) by insertmg after paragraph (2) the following new para-
graph: 
"(3) to conduct reductions in force, and to prescribe regula-
tions for the separation of employees pursuant to such reduc-
tions in force conducted under section 611;". 
108 STAT. 418 
PUBLIC LAW 103-236—APR. 30, 1994 
Publication. 
22 u s e 4010a 
note. 
Effective date. 
10 u s e 1058 
note. 
10 u s e 1058 
note. 
22 u s e 3926 
note. 
(c) CONSULTATION.—The Secretary of State (or in the case of 
any other agency authorized by law to utilize the Foreign Service 
personnel system), the head of that agency shall consult with the 
Director of the Office of Personnel Management before prescribing 
regulations for reductions in force under section 611 of the Foreign 
Service Act of 1980 (as added by subsection (a) of this section), 
and shall publish such regulations. 
SEC. 182. RESTORATION OF WITHHELD BENEFITS. 
(a) ELIGIBILITY.—^With respect to any person for which the 
Secretary of State and the Secretary concerned within the Depart-
ment of Defense has approved the emplojonent or the holding 
of a position pursuant to the provisions of section 1058, title 10, 
United States Code, before the date of enactment of this Act, 
the consents, approvals and determinations under that section shall 
be deemed to be effective as of January 1,1993. 
(b) TECHNICAL CORRECTION.—Subsection (d) of section 1433 
of Public Law 103-160 is repealed. 
Subpart 2—^Foreign Language Competence Within 
the Foreign Service 
SEC 191. FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN 
SERVICE. 
(a) REGULATIONS.—Not later than 180 days after the date of 
enactment of this Act, the Secretary of State shall promulgate 
regulations— 
(1) establishing hiring preferences for Foreign Service Offi-
cer candidates competent in languages, with priority preference 
given to those languages in which the Department of State 
has a deficit; 
(2) establishing a standard that employees will not receive 
long-term training in more than 3 languages, and requiring 
that employees achieve full professional proficiency (S4^4) in 
1 language as a condition for training in a third, with exceptions 
for priority needs of the service at the discretion of the Director 
Greneral; 
(3) requiring that employees receiving long-term training 
in a language, or hired with a hiring preference for a language, 
serve at least 2 tours in jobs requiring that language, with 
exceptions for certain limited-use languages and priority needs 
of the service at the discretion of the Director General; 
(4) requiring that significant consideration be given to for-
eign language competence and use in the evaluation, assign-
ment, and promotion of all Foreign Service Officers of the 
Department of State; 
(5) requiring the identification of appropriate Washington, 
D.C. metropolitan area positions as language-designated; and 
(6) requiring remedial training and suspension of language 
difiierential pa3anents for employees receiving such payments 
who have failed to maintain required levels of proficiency. 
(b) REPEAL.—Section 164 of the Foreign Relations Authorization 
Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4001 note; PubHc 
Law 101-246) is repealed. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 419 
SEC. 192. DESIGNATION 
OF 
FOREIGN 
LANGUAGE 
RESOURCES 
22 USC 4021 
COORDINATOR. 
^°^-
(a) POLICY.—^It is the sense of the Congress that— 
(1) the Department of State, by virtue of the Secretary's 
overall responsibility under section 701(a) of the Foreign Service 
Act of 1980 (22 U.S.C. 4011(a)) for training and instruction 
in the field of foreign relations to meet the needs of all Federal 
agencies, should take the lead in this interagency effort; and 
(2) in order to promote efficiency and quality in the training 
provided by the Secretary of State and other Federal agencies, 
the Secretary should call upon other agencies to share in the 
joint management and coordination of Federal foreign language 
resources. 
(b) FOREIGN LANGUAGE RESOURCES COORDINATOR.— 
(1) The Secretary of State should appoint a Foreign Lan-
guage Resources Coordinator (in this subsection referred to 
as the "Coordinator") who shall be responsible— 
(A) for coordinating the efforts of the appropriate agen-
cies of Government— 
(i) to strengthen mechanisms for sharing of foreign 
language resources; and 
(ii) to identify Federal foreign language resource 
requirements in the areas of diplomacy, military 
preparedness, international security, and other foreign 
policy objectives; and 
(B) for making recommendations to the Secretary of 
State as to which Federal foreign language assets, if any, 
should be made available to the private sector in support 
of national global economic competitiveness goals. 
(2) All appropriate United States Government agencies 
maintaining and utilizing Federal foreign language training 
and related resources shall cooperate fully with any Coordina-
tor. 
SEC. 193. FOREIGN LANGUAGE SERVICES. 
22 USC 2695a. 
(a) SURCHARGE FOR CERTAIN FOREIGN LANGUAGE SERVICES.— 
Notwithstanding any other provision of law, the Secretary of State 
is authorized to require the payment of an appropriate fee, sur-
charge, or reimbursement for providing other Federal agencies with 
foreign language translation and interpretation services. 
(b) USE OF FUNDS.—Funds collected under the authority of 
subsection (a) shall be deposited as an offsetting collection to any 
Department of State appropriation to recover the cost of providing 
translation or interpretation services in any foreign language. Such 
funds may remain available until expended. 
108 STAT. 420 
PUBLIC LAW 103-236—APR. 30, 1994 
TITLE II—UNITED STATES INFORMA-
TIONAL, EDUCATIONAL, AND CUL-
TURAL PROGRAMS 
PART A—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^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, Reorga-
nization Plan Number 2 of 1977, the Radio Broadcasting to Cm>a 
Act, the Television Broadcasting to Cuba Act, the Board for Inter-
national Broadcasting Act, the Inspector General Act of 1978, the 
Center for Cultural and Technical Interchange Between North and 
South Act, the National Endowment for Democracy Act, and to 
carry out other authorities in law consistent with such purposes: 
(1) SALARIES AND EXPENSES.—For "Salaries and Expenses", 
$487,988,000 for the fiscal year 1994 and $494,862,000 for 
the fiscal year 1995. 
(2) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.— 
(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—FOR 
the 
Tulbright 
Academic 
Exchange 
Programs", 
$130,538,000 for the fiscal year 1994 and $126,312,000 
for the fiscal year 1995. 
(B) OTHER PROGRAMS,—For "Hubert H. Humphrey 
Fellowship Program", "Edmimd S. Muskie Fellowship Pro-
gram", "International Visitors Program", "Israeh-Arab 
Scholarship Program", "Mike Mansfield Fellowship Pro-
gram", "Claude and Mildred Pepper Scholarship Program 
of the Washington Workshops Foundation", "Citizen 
Exchange Programs", "Congress-Bundestag Exchange Pro-
gram", "Newly Independent States and Eastern Europe 
Training", "Institute for Representative 
Government", 
"American Studies Collections", "South Pacific Exchanges", 
"East Timorese Scholarships", "Cambodian Scholarships", 
and "Arts America", $96,962,000 for the fiscal year 1994 
and $97,046,000 for the fiscal year 1995. 
(3) BROADCASTING TO CUBA.—For "Broadcasting to Cuba", 
$21,000,000 for the fiscal year 1994 and $27,609,000 for the 
fiscal year 1995. 
(4) INTERNATIONAL BROADCASTING ACTIVITIES.—For "Inter-
national Broadcasting Activities" under title III, $541,676,000 
for the fiscal year 1994, and $609,740,000 for the fiscal year 
1995. 
(5) OFFICE OF THE INSPECTOR GENERAL.—For "Office of 
the Inspector General", $4,247,000 for the fiscal year 1994 
and $4,396,000 for the fiscal year 1995. 
(6) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE 
BETWEEN EAST AND WEST.—For "Center for Cultural and Tech-
nical Interchange between East and West", $26,000,000 for 
the fiscal year 1994 and $24,500,000 for the fiscal year 1995. 
(7) TITLE V OF PUBLIC LAW 98-164.—TO carry out title V 
of Public Law 98-164, $35,000,000 for the fiscal year 1994 
and $35,000,000 for the fiscal year 1995. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 421 
(b) LIMITATIONS.— 
(1) Of the amounts authorized to be appropriated for "Sala-
ries and Expenses" under section 201(aXl) for fiscal year 1995, 
$500,000 is authorized to be appropriated for expenses and 
activities related to United States participation in the 1996 
Budapest World's Fair (Budapest Expo '96). 
(2) Of the amounts authorized to be appropriated for Tul-
bright 
Academic 
Exchange 
Programs" under 
subsection 
(aX2XA>-
(A) $3,000,000 is authorized to be available for fiscal 
vear 1995 for the Vietnam Scholarship Program established 
by section 229 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (PubUc Law 102-138); and 
(B) $1,500,000 is authorized to be available for fiscal 
year 1994 and $2,000,000 is authorized to be available 
for fiscal year 1995, for the "Environment and Sustainable 
Development Exchange Program" established by section 
241. 
(3) Of the amounts authorized to be appropriated for "Other 
Programs" under subsection (aX2XB) $1,000,000 is authorized 
to be available for each of the fiscal years 1994 and 1995 
for the "American Studies Collections" program established 
under section 235. 
PART B—USIA AND RELATED AGENCIES 
AUTHORITIES AND ACTIVITIES 
SEC. 221. USIA OFFICE IN LHASA, TIBET. 
(a) ESTABLISHMENT OF OFFICE.—The Director of the United 
States Information Agency shall seek to establish an office in Lhasa, 
Tibet, for the purpose of— 
(1) disseminating information about the United States; 
(2) promoting discussions on conflict resolution and human 
rights; 
(3) facilitating United States private sector involvement 
in educational and cultural activities in Tibet; and 
(4) advising the United States Grovemment with respect 
to Tibetan public opinion. 
(b) REPORT BY THE DIRECTOR OF USIA—Not later than April 
1 of each year, the Director of the United States Information Agency 
shall submit a detailed report on developments relating to the 
implementation of this section to the Committee on Foreign Rela-
tions of the Senate and the Committee on Foreign Affairs of the 
House of Representatives. 
SEC. 222. CHANGES IN ADMINISTRATIVE AUTHORITIES. 
Section 801 of the United States Informational and Educational 
Exchange Act of 1948 (22 U.S.C. 1471) is amended— 
(1) in paragraph (5) by striking "and" after the semicolon; 
(2) in paragraph (6) by striking the period at the end 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(7) notwithstanding any other provision of law, to carry 
out projects involving security construction and related 
improvements for Agency facilities not physically located 
together with Dep£urtment of State facilities abroad.". 
108 STAT. 422 
PUBLIC LAW 103-236—APR. 30, 1994 
22 use 1474 
SEC. 223. EMPLOYMENT AUTHORITY. 
For fiscal years 1994 and 1995, the Director of the United 
States Information Agency may, in carrying out the provisions 
of the United States Information and Educational Exchange Act 
of 1948, employ individuals or organizations by contract for services 
to be performed in the United States or abroad, who shall not, 
by virtue of such employment, be considered to be employees of 
the United States Grovemment for the purposes of any law adminis-
tered by the Office of Personnel Management, except that the 
Director may determine the applicability to such individuals of 
section 804(5) of that Act. 
SEC. 224. BUYING POWER MAINTENANCE ACCOUNT. 
Section 704(c) of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1477b(c)) is amended— 
(1) by redesignating clauses (1) and (2) as clauses (A) 
and (B), respectively; 
(2) by inserting "(1)" after "(c)"; and 
(3) by adding at the end the following new paragraphs: 
"(2) In carrying out this subsection, there may be established 
a Buying Power Maintenance account. 
"(3) In order to eliminate substantial gains to the approved 
levels of overseas operations for the United States Information 
Agency, the Director shall transfer to the Bujdng Power Mainte-
nance account such amounts appropriated for 'Salaries 
and 
Expenses' as the Director determines are excessive to the needs 
of the approved level of operations under that appropriation account 
because of fluctuations in foreign currency exchange rates or 
changes in overseas wages and prices. 
"(4) In order to offset adverse fluctuations in foreign currency 
exchange rates or foreign wages and prices, the Director may trans-
fer from the Buying Power Maintenance account to the 'Salaries 
and Expenses' appropriations account such amounts as the Director 
determines are necessary to maintain the approved level of oper-
ations under that appropriation account. 
"(5) Funds transferred by the Director from the Buying Power 
Maintenance account to another account shall be merged with and 
be available for the same purpose, and for the same time period, 
as the funds in that other account. Funds transferred by the Direc-
tor from another account to the Bujdng Power Maintenance account 
shall be merged with the fimds in the Bujdng Power Maintenance 
account and shall be available for the purposes of that account 
until expended. 
"(6) Any restriction contained in an appropriation Act or other 
provision of law limiting the amoimts that may be obligated or 
expended by the United States Information Agency shall be deemed 
to be adjusted to the extent necessary to offset the net effect 
of fluctuations in foreign currency exchange rates or overseas wage 
and price changes in order to maintain approved levels. 
"(7XA) Subject to the limitations contained in this paragraph, 
not later than the end of the 5th flscal year after the flscal year 
for which funds are appropriated or otherwise made available for 
the 'Salaries and Expenses' account, the Director may transfer 
any unobligated balance of such funds to the Buying Power Mainte-
nance account. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 423 
"(B) The balance of the Buying Power Maintenance account 
may not exceed $50,000,000 as a result of any transfer under 
this paragraph. 
"(C) Any transfer pursuant to this paragraph shall be treated 
as a reprogramming of funds under section 705 and shall be avail-
able for obligation or expenditure only in accordance with the proce-
dures under such section. 
"(D) The authorities contained in this section may only be 
exercised to such an extent and in such amounts as specifically 
provided in advance in appropriation Acts.". 
SEC. 225. CONTRACT AUTHORITY. 
Section 802(b) of the United States Information and Edu-
cational Exchange Act of 1948 (22 U.S.C. 1472(b)) is amended 
by adding at the end the following: 
"(4)(A) Notwithstanding the other provisions of this subsection, 
the United States Information Agency is authorized to enter into 
contracts for periods not to exceed 7 years for circuit capacity 
to distribute radio and television programs. 
"(B) The authority of this paragraph may be exercised for 
a fiscal year only to such extent or in such amounts as are provided 
in advance in appropriations Acts.". 
SEC. 226. UNITED STATES TRANSMITTER IN KUWAIT. 
None of the funds authorized to be appropriated by this or 
any other Act may be obligated or expended for the design, develop-
ment, or construction of a United States short-wave radio transmit-
ter in Kuwait. 
SEC. 227. FULBRIGHT-HAYS ACT AUTHORITIES. 
Section 105(a) of Public Law 87-256 is amended to read as 
22 use 2455. 
follows: 
"(a) Amounts appropriated to carry out the purposes of this 
Act are authorized to oe made available imtil expended. . 
SEC. 228. SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES. 
Section 504(hXl) of the National Endowment for Democracy 
Act (22 U.S.C. 4413(hXl)) is amended by striking "accoxmts" and 
inserting "bank accounts or separate self-balancing ledger accounts". 
SEC. 229. COORDINATION OF UNITED STATES EXCHANGE PROGRAMS. 
President. 
(a) COORDINATION.—Section 112 of the Mutual Educational and 
Cultural Exchange Act of 1961 (22 U.S.C. 2460) is amended by 
adding at the end the following: 
"(f)(1) The President shall ensure that all exchange programs 
conducted by the United States Government, its departments and 
agencies, directly or through agreements with other parties, are 
reported at a time and in a format prescribed by the Director. 
The President shall ensure that such exchanges are consistent 
with United States foreign policy and avoid duplication of effort. 
"(2) Not later than 90 days after the date of enactment of 
this subsection, and annually thereafter, the President shall submit 
to the Speaker of the House of Representatives and the Chairman 
of the Committee on Foreign Relations of the Senate a report 
pursuant to paragraph (1). Such report shall include information 
for each exchange program supported by the United States on 
the objectives of such exchange, the number of exchange partici-
pants supported, the types of exchange activities conducted, the 
79-194 O—95—15: QL 3 Parti 
108 STAT. 424 
PUBLIC LAW 103-236—APR. 30, 1994 
total amount of Federal expenditures for such exchanges, and the 
extent to which such exchanges are dupUcative.". 
(b) REPORT BY THE DIRECTOR OF USIA.—Not later than 120 
days after the date of enactment of this Act, the Director of the 
United States Information Agency shall submit to the Committee 
on Foreign Affairs of the House of Representatives and the Commit-
tee on Foreign Relations of the Senate a report— 
(1) detailing the rai^e of exchange programs administered 
by the Agency; 
(2) identifying possible areas of duplication of inefiSciency; 
and 
(3) recommending program consolidation and administra-
tive restructuring as warranted. 
22 use 2452 
SEC. 230. LIMITATION 
CONCERNING 
PARTICIPATION 
IN 
INTER-
note. 
NATIONAL EXPOSITIONS. 
Notwithstanding any other provision of law, the United States 
Information Agency shall not obligate or expend any fimds for 
a United States Government funded pavilion or other mcgor exhibit 
at any international exposition or world's fair registered by the 
Bureau of International Expositions in excess of amoimts expressly 
authorized and appropriated for such purpose. 
SEC. 231. PRIVATE SECTOR OPPORTUNITIES. 
Section 104(eX4) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2454) is amended by inserting 
before me period ", and of similar services and opportunities for 
interchange not supported by the United States Government". 
SEC. 232. AUTHORITY TO RESPOND TO PUBUC INQUIRIES. 
Section 208 of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987 (22 U.S.C. 1461-la) is amended by adding 
at the end the following new sentence: The provisions of tliis 
section shall not prohibit the United States Imbrmation Agency 
from responding to inquiries from members of the public about 
its operations, policies, or programs.". 
SEC. 233. TECHNICAL AMENDMENT RELATING TO NEAR AND MIDDLE 
EAST RESEARCH AND TRAINING. 
Section 228(d) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (22 U.S.C. 2452 note) is amended by inserting 
"and includes the Republic of Turkey" before the period at the 
end thereof. 
SEC. 234. DISTRIBUTION WITHIN THE UNITED STATES OF CERTAIN 
MATERIALS OF THE UNITED STATES INFORMATION 
AGENCY. 
Notwithstanding section 208 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-
la) 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 Stetes Information Agency may make 
available for distribution within the United Stetes the following: 
(1) The United Stetes Information Agency's Thomas Jeffer-
son Paper Show, which commemorates the 250th anniversary 
of the birth of Thomas JefTerson. 
(2) The dociimentary entitled "Crimes Against Humanity", 
a film about the ensuing conflict in the former Yugoslavia. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 425 
SEC. 235. AMERICAN STUDIES COLLECTIONS. 
22 USC 2452 
(a) AUTHORITY.—In order to promote a thorough understanding 
of tiie United States among emerging elites abroad, the Director 
of the United States Information Agency is authorized to establish 
and support collections at appropriate imiversity Ubraries abroad 
to further the study of the United States, and to enter into agree-
ments with such universities for such purposes. 
(b) DESIGN AND DEVELOPMENT.—Such collections-
CD shall be developed in consultation with United States 
associations and organizations of scholars in the principal aca-
demic disciplines in which American studies are conducted; 
and 
(2) shall be designed primarily to meet the needs of imder-
graduate and graduate students of American studies. 
(c) SITE SELECTION.—In selecting imiversities abroad as sites 
for such collections, the Director shall— 
(1) ensure that such universities are able, within a reason-
able period of the establishment of such collections, to assume 
responsibility for their maintenance in current form; 
(2) ensure that undergraduate and graduate students shall 
ei\joy reasonable access to such collections; and 
(3) include in any agreement entered into between the 
United States Information Agency and a university abroad, 
terms embodying a contractual commitment of such mainte-
nance and access under this subsection. 
(d) FUNDING.— 
(1) The Director of the United States Information Agency 
is authorized to establish an endowment fund (hereafter in 
this section referred to as the "fund") to carry out the purposes 
of this section and to enter into such agreements as may 
be necessary to carry out the purposes of this section. 
(2XA) The Director shall make deposits to the fund of 
amounts appropriated or otherwise made available to carry 
out this section. 
(B) The Director is authorized to accept, use, and dispose 
of gifts of donations of services or property to carry out this 
section. Sums donated to carry out uie purposes of this section 
shall be deposited into the fund. 
(3) The corpus of the fimd shall be invested in federally-
insured bank savings accounts or comparable interest-bearing 
accounts, certificates of deposit, money market funds, obliga-
tions of the United States, or other low-risk instruments and 
securities. 
(4) The Director may withdraw or expend amounts from 
the fund for any expenses necessary to carry out the purposes 
of this section. 
(e) AVAILABILITY OF AUTHORIZATIONS OF APPROPRIATIONS.— 
Authorizations of appropriations for the purposes of this section 
shall be available without fiscal year limitation and shall remain 
available until used. 
SEC. 236. EDUCATIONAL AND CULTURAL EXCHANGES WITH TIBET. 
22 USC 2452 
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 £md, as the Director considers 
108 STAT. 426 
PUBLIC LAW 103-236—APR. 30, 1994 
appropriate, may include the assignment of personnel and resources 
abroad. 
22 use 2452 
SEC. 237. SCHOLARSHIPS FOR EAST TIMORESE STUDENTa 
Notwithstanding any other provision of law, the Bureau of 
Educational and Cmtural Affairs of the United States Information 
Agency shall make available for each of the fiscal years 1994 
and 1995, scholarships for East Timorese students qualified to 
study in the United States for the purpose of studying at the 
undergraduate level in a United States college or imiversity. Each 
scholarship made available under this subsection shall be for not 
less than one semester of study. 
22 use 2452 
SEC. 238. CAMBODIAN SCHOLARSHIP AND EXCHANGE PROGRAMS. 
(a) PURPOSE.—^It is the purpose of this section to provide finan-
cial assistance— 
(1) to establish a scholarship program for Cambodian col-
lege and post-graduate students to study in the United States; 
and 
(2) to expand Cambodian participation in exchange pro-
grams of the United States Information Agency. 
(b) PROGRAM.—(1) The Director of the United States Informa-
tion Agencv shall establish a scholarship program to enable Cam-
bodian college students and post-graduate students to study in 
the United States. 
(2) The Director of the United States Information Agency shall 
also include qualified Cambodian citizens in exchange programs 
fiuided or otherwise sponsored by the Agency, in particular the 
Fulbright Academic Program, the IntemationsJ Visitor Program, 
and the Citizen Exchange Program. 
(c) DEFiNrnoN.—^For the purposes of this section, the term 
''scholarship" means an amount to be used for full or partial support 
of tuition and fees to attend an educational 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 fi:vm, and within, 
the United States. 
22 use 2452 
SEC. 239. INCREASING AFRICAN PARTICIPATION IN USIA EXCHANGE 
note. 
PROGRAMS. 
The Director of the United States Information Agency shall 
expand exchange program allocations to Africa, in particular Ful-
bri^^ht Academic Exchanges, International Visitor Programs, and 
Citizen Exchanges, and shall fiuther encourage a broadening of 
afiiliations and links between United States and African institu-
tions. 
22 use 2452 
SEC. 240. ENVIRONMENT 
AND 
SUSTAINABLE 
DEVELOPMENT 
note. 
EXCHANGE PROGRAM. 
(a) PURPOSE.—^The purpose of this section is to establish a 
program to promote academic exchanges in disciplines relevant 
to environment and sustainable development. 
(b) PROGRAM AUTHORITY.—^Notwithstanding any other provision 
of law, the Director of the United States Information Agency, 
through the Bureau of Educational and Cultured Affairs, shall pro-
vide scholarships beginning in the fiscal year 1994, and for each 
fiscal year thereafter, for study at United States institutions of 
higher education in furtherance of the purpose of this section for 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 427 
foreign students who have completed their undergraduate education 
and for postsecondary educators. 
(c) GUIDELINES.—^The scholarship program under this section 
shall be carried out in accordance with the following guidelines: 
(1) Consistent with section 112(b) of the Mutual Edu-
cational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(b)), 
all programs created pursuant to this Act shall be nonpolitical 
and balanced, and shall be administered in keeping with the 
highest standards of academic integrity and cost-effectiveness. 
(2) The United States Information Agency shall administer 
this program under the auspices of the Fulbright Academic 
Exchange Program. 
(3) The United States Information Agency shall ensure 
the regional diversity of this program through the selection 
of candidates from Asia, Africa, Latin America, as well as 
Europe and the Middle East. 
(d) DEFINITION.—For purposes of this section, the term "institu-
tion of higher education" has the same meaning given to such 
term by section 1201(a) of the Higher Education Act of 1965. 
note. 
SEC. 241. SOUTH PACIFIC EXCHANGE PROGRAMS. 
Grants. 
(a) AUTHORIZED PROGRAMS.—The Director of the United States ^ Y ^ ^^^ 
Information Agency is authorized to award academic scholarships 
to qualified students from the sovereign nations of the South Pacific 
region to pursue undergraduate and postgraduate study at institu-
tions of higher education in the United States; to make grants 
to accomplished United States scholars and experts to pursue 
research, to teach, or to offer training in such nations; and to 
make grants for youth exchanges. 
(b) LIMITATION.—Grants awarded to United States scholars 
and experts may not exceed 10 percent of the total fimds awarded 
for any fiscal year for programs under this section. 
SEC. 242. INTERNATIONAL 
EXCHANGE 
PROGRAMS 
INVOLVING 
22 USC 2452 
DISABILITY RELATED MATTERS. 
note. 
(a) AUTHORITY.—In carrying out the authorities of section 
102(b) of the Mutual Educational and Cultural Exchange Act of 
1961 (22 U.S.C. 2452(b)), the President shall ensure that such 
authorities are used to promote educational, cultural, medical, and 
scientific meetings, training, research, visits, interchanges, and 
other activities, with respect to disability matters, including partici-
pation by individuals with disabilities (within the meaning of section 
3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12102(2)) in such activities, through such nonprofit organizations 
as have a demonstrated capability to coordinate exchange programs 
involving disability-related matters. 
(b) REPORT.—^Not later than 180 days after the date of enact-
ment of this Act, the Director of the United States Information 
Agency shall submit a report to Congress describing implementation 
of the requirements of this section. 
(c) ANNUAL SUMMARY OF ACTIVITIES.—As part of the Congres-
sional presentation materials submitted in connection with the 
annual budget request for the United States Information Agency, 
the Director of the Agency shall include a summary of the inter-
national exchange activities which meet the requirements of this 
section. 
108 STAT. 428 
PUBLIC LAW 103-236—APR. 30, 1994 
Mike Mansfield 
Fellowship Act. 
22 u s e 6101 
note. 
Grants. 
22 u s e 6101. 
22 u s e 6102. 
P A R T C—MIKE M A N S F I E L D F E L L O W S H I P S 
SEC. 251. SHORT TITLE. 
This part may be cited as the "Mike Mansfield Fellowship 
Act". 
SEC. 252. ESTABUSHMENT OF FELLOWSHIP PROGRAM. 
(a) ESTABLISHMENT.—(1) There is hereby established the "Mike 
Mansfield Fellowship Program" pui'suant to which the Director 
of the United States Information Agency will make grants, subject 
to the availability of appropriations, to the Mansfield Center for 
Pacific Affairs to award fellowships to eligible United States citizens 
for periods of 2 years each (or, pursuant to section 253(5)(C), for 
such shorter period of time as the Center may determine based 
on a Fellow's level of proficiency in the Japanese language or 
knowledge of the political economy of Japan) as follows: 
(A) During the first year each fellowship recipient will 
study the Japanese language as well as Japan's political econ-
omy. 
(B) During the second year each fellowship recipient will 
serve as a fellow in a parliamentary office, ministry, or other 
agency of the Grovemment of Japan or, subject to the approval 
of the Center, a nongovernmental Japanese institution associ-
ated with the interests of the fellowship recipient, and the 
agency of the United States Government from which the fellow 
originated, consistent with the purposes of this part. 
(2) Fellowships under this part may be known as "Mansfield 
Fellowships", and individuals awarded such fellowships may be 
known as "Mansfield Fellows". 
(b) ELIGIBILITY OF CENTER FOR GRANTS.—Grants may be made 
to the Center under this section only if the Center agrees to comply 
with the requirements of section 253. 
(c) INTERNATIONAL AGREEMENT.—The Director of the United 
States Information Agency should enter into negotiations for an 
agreement with the Grovemment of Japan for the purpose of placing 
fellows in the Government of Japan. 
(d) PRIVATE SOURCES.—^The Center is authorized to accept, 
use, and dispose of gifts or donations of services or property in 
carrying out the fellowship program, subject to the review and 
approval of the Director of the United States Information Agency. 
(e) USE OF FEDERAL FACILITIES.—The National Foreign Affairs 
Training Center is authorized and encouraged to assist, on a 
reimbursable basis, in canying out Japanese language training 
by the Center through the provision of teachers, classroom space, 
teaching materials, and facilities, to the extent that such provision 
is not detrimental to the Institute's carrying out its other respon-
sibilities under law. 
SEC. 253. PROGRAM REQUIREMENTS. 
The program established under this part shall comply with 
the following requirements: 
(1) united States citizens who are eligible for fellowships 
under this part shall be employees of the Federal Government 
having at least two years experience in any branch of the 
Government, a strong career interest in United States-Japan 
relations, and a demonstrated commitment to further service 
PUBLIC LAW 103-236—APR. 30,1994 
108 STAT. 429 
in the Federal Government, and such other qualifications as are 
determined by the Center. 
(2) Not more than 10 fellowships may be awarded each 
year of which not more than 3 shall be awarded to individuals 
who are not detailed employees of the Government. 
(3XA) Fellows shall agree to maintain satisfactory progress 
in language training and appropriate behavior in Japan, as 
determined by the Center, as a condition of continued receipt 
of Federal funds. 
(B) Fellows who are not detailees shall agree to return 
to the Federal Government for further employment for a period 
of at least 2 years following the end of their fellowships, imless, 
in the determination of the Center, the fellow is unable (for 
reasons beyond the fellow's control and after receiving assist-
ance from the Center as provided in paragraph (8)) to find 
reemployment for such period. 
(4) During the period of the fellowship, the Center shsdl 
provide— 
(A) to each fellow who is not a detailee a stipend 
at a rate of pay equal to the rate of pay that individual 
was receiving when he or she entered the program, plus 
a cost-of-living adjustment calculated at the same rate 
of pay, and for the same period of time, for which such 
a4}U8tments were made to the salaries of individuals 
occupying competitive positions in the civil service during 
the same period as the fellowship; and 
(B) to each fellow (including detailees) certcdn allow-
ances and benefits as that individual would have been 
entitled to, but for his or her separation from Government 
service, as a United States Grovemment civilian employee 
overseas under the Standardized Regulations (Grovemment 
Civilians, Foreign Areas) of the Department of State, as 
follows: a living quarters allowance to cover the higher 
cost of housing in Japan, a post allowance to cover the 
significantly higher costs of living in Japan, an education 
allowance to assist parents in providing their children with 
educational services ordinarily provided without charge by 
United States public schools, moving expenses of up to 
$1,000 for personal belongings of fellows and their families 
in their move to Japan and one-round-trip economy-class 
airline ticket to Japan for each fellow and the fellow's 
immediate family. 
(5XA) For the first year of each fellowship, the Center 
shall provide fellows with intensive Japanese language training 
in the Washington, D.C., area, as well as courses in the politicm 
economy of Japan. 
(B) Such training shall be of the same quality as training 
provided to Foreign Service officers before they are assigned 
to Japan. 
(C) The Center mav waive any or all of the training 
required by subparagraph (A) to the extent that a fellow has 
Japanese language skills or knowledge of Japan's political econ-
omy, and the 2-year fellowship period shall be shortened to 
the extent such training is less tnan one year. 
(6) Any fellow who is not a deteilee who does not comply 
with the requirements of this section shall reimburse the United 
Stetes Information Agency for the Federal funds expended for 
108 STAT. 430 
PUBLIC LAW 103-236—APR. 30, 1994 
the Fellow's participation in the fellowship, together with 
interest on such funds (calculated at the prevailing rate), as 
follows: 
(A) Full reimbiirsement for noncompliance with para-
graph (3XA) or (9). 
(B) Pro rata reimbursement for noncompliance with 
E
aragraph (3XB) for any period the fellow is reemployed 
y the Federal Government that is less than the period 
specified in paragraph (3)(B), at a rate equal to the amount 
the fellow received during the final year of the fellowship 
for the same period of time, including any allowances and 
benefits provided under paragraph (4). 
(7) The Center shall select fellows based solely on merit. 
The Center shall make positive efforts to recruit candidates 
reflecting the cultural, racial, and ethnic diversity of the United 
States. 
(8) The Center shall assist, to the extent possible, any 
fellow who is not a detailee in finding employment in the 
Federal Grovemment if such fellow was not able, at the end 
of the fellowship, to be reemployed in the agency from which 
he or she separated to become a fellow. 
(9) No fellow mav engage in any intelligence or intelligence-
related activity on behalf of the United States Government. 
(10) The financial records of the Center shall be audited 
annually in accordance with generally accepted auditing stand-
ards by independent certified public accountants or independent 
licensed public accountants, certified or licensed by a regulatory 
authority of a State or other political subdivision of the United 
States. The audit shall be conducted at the place or places 
where the financial records of the Center are normally kept. 
All books, financial records, files, and other papers, things, 
and property belonging to or in use by the Center and necessary 
to facilitate the audit shall be made available to the person 
or persons conducting the audit, and full facilities for verifying 
transactions with the balances or securities held by deposi-
tories, fiscal agents, and custodians shall be afforded to such 
person or persons. 
Reports. 
(11) The Center shall provide a report of the audit to 
the Director of the United States Information Agency no later 
than six months following the close of the fiscal year for which 
the audit is made. The report shall set forth the scope of 
the audit and include such statements, together with the 
independent auditor's opinion of those statements, as are nec-
essary to present fairly the Center's assets and liabilities, sur-
plus or deficit, with reasonable detail, including a statement 
of the Center's income and expenses during the year, including 
a schedule of all contracts and grants requiring payments in 
excess of $5,000 and any pa3mients of compensation, salaries, 
or fees at a rate in excess of $5,000 per year. The report 
shall be produced in sufficient copies for the public. 
22 use 6103. 
SEC. 254. SEPARATION OF GOVERNMENT PERSONNEL DURING THE 
FELLOWSHIPS. 
(a) SEPARATION.—^Under such terms and conditions as the 
agency head may direct, any agency of the United States Govern-
ment may separate from Government service for a specified period 
any officer or employee of that agency who accepts a fellowship 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 431 
iinder the program established by this part and is not detailed 
under section 255. 
(b) REEMPLOYMENT.—Any fellow who is not a detailee, at the 
end of the fellowship, is entitled to be reemployed in the same 
manner as if covered by section 3582 of title 5, United States 
Code. 
(c) RIGHTS AND BENEFITS.—Notwithstanding section 8347(o), 
8713, or 8914 of title 5, United States Code, and in accordance 
with regulations of the Office of Personnel Management, an 
employee, while serving as a fellow who is not a detailee, is entitled 
to the same rights and benefits as if covered by section 3582 
of title 5, United States Code. The Center shall reimburse the 
employing agency for any costs incurred under section 3582 of 
title 5, United States Code. 
(d) COMPLIANCE WITH BUDGET ACT.—^Funds are available under 
this section to the extent and in the amounts provided in appropria-
tion Acts. 
SEC. 255. MANSFIELD FELLOWS ON DETAIL FROM GOVERNMENT 22 USC 6104. 
SERVICE. 
(a) IN GENERAL,—(1) An agency head may detail, for a period 
of not more than 2 years, an employee of the agency who has 
been awarded a Mansfield Fellowship, to the Center. 
(2) Each fellow who is detailed luider this section shall enter 
into a written agreement with the Federal Government before 
receiving a fellowship that the fellow will— 
(A) continue in the service of the fellow's agency at the 
end of the fellowship for a period of at least 2 years unless 
the fellow is involuntarily separated from the service of such 
agency; and 
(B) pay to the United States Information Agency any addi-
tional expenses incurred by the Federal Government in connec-
tion with the fellowship if the fellow is voluntarily separated 
from service with the fellow's agency before the end of the 
period for which the fellow has agreed to continue in the 
service of such agency. 
(3) The payment agreed to under paragraph (2XB) may not 
be required of a fellow who leaves the service of such agency 
to enter into the service of another agency in any branch of the 
United States Government unless the head of the agency that 
authorized the fellowship notifies the employee before the effective 
date of entry into the service of the other agency that payment 
will be required under this section. 
(b) STATUS AS GOVERNMENT 
EMPLOYEE.—-A fellow detailed 
under subsection (a) is deemed, for the purpose of preserving allow-
ances, privileges, rights, seniority, and other benefits, an employee 
of the agency from which detailed, and is entitled to pay, allowances, 
and benefits from funds available to that agency. The authorization 
and payment of such allowances and other benefits from appropria-
tions available therefore is deemed to comply with section 5536 
of title 5, United States Code. 
(c) REIMBURSEMENT.—^Fellows may be detailed under subsection 
(a) without reimbursement to the United States by the Center. 
(d) ALLOWANCES AND BENEFITS.—A fellow detailed under sub-
section (a) may be paid by the Center for allowances and benefits 
Hsted in section 253(4)(B). 
108 STAT. 432 
PUBLIC LAW 103-236—APR. 30, 1994 
22 u s e 6105. 
SEC. 256. LIABUJTY FOR REPAYMENTS. 
If any fellow fails to fulfill the fellow's agreement to pay the 
United States Information Agency for the expenses incurred by 
the United States Information Agency in connection with the fellow-
ship, a sum equal to the amount of the expenses of the fellowship 
sh^l be recoverable by the United States Information Agency from 
the fellow (or a legal representative) by— 
(1) setoff against accrued pay, compensation, amount of 
retirement credit, or other amount due the fellow from the 
Federal Grovemment; and 
(2) such other method as is provided by law for the recovery 
of amounts owing to the Federal Government. 
22 u s e 6106. 
SEC. 257. DEFINITIONS. 
For purposes of this part— 
(1) the term "agency of the United States Grovemment" 
includes any agency of the legislative branch and any court 
of the judicial branch as well as any agency of the executive 
branch; 
(2) the term "agency head" means— 
(A) in the case of the executive branch of Grovemment 
or an agency of the legislative branch other than the House 
of Representatives or the Senate, the head of the respective 
agency; 
(B) in the case of the judicial branch of Grovemment, 
the chief judge of the respective court; 
(C) in the case of the Senate, the President pro tem-
pore, in consultation with the Majority Leader and Minority 
Leader of the Senate; and 
(D) in the case of the House of Representatives, the 
Speaker of the House, in consultation with the Majority 
Leader and Minority Leader of the House; 
(3) the term "Center" means the Mansfield Center for 
Pacific Affairs; and 
(4) the term "detailee" means an employee of an agency 
of the United States Grovemment on assignment or loan to 
the Mansfield Center for Pacific Affairs without a change of 
position from the agency by which he or she is employed. 
}ite^atiSS 
TITLE III—UNITED STATES 
fctirmi^ 
INTERNATIONAL BROADCASTING ACT 
22 u s e 6201 
SEC. 301. SHORT TITLE. 
This title may be cited as the "United States International 
Broadcasting Act of 1994". 
22 u s e 6201. 
SEC. 302. CONGRESSIONAL FINDINGS AND DECLARATION OF PUR-
POSES. 
The Congress makes the following findings and declarations: 
(1) It is the policy of the United States to promote the 
right of freedom of opinion and expression, including the free-
dom "to seek, receive, and impart information and ideas through 
any media and regardless 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 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 433 
and stability and the promotion of such communication is in 
the interests of the United States. 
(3) It is in the interest of the United States to support 
broadcasting to other nations consistent with the requirements 
of this title. 
(4) The continuation of existing United States international 
broadcasting, and the creation of a new broadcasting service 
to the people of the People's Republic of China and other 
countries of Asia which lack adequate sources of free informa-
tion, would enhance the promotion of information and ideas, 
while advancing the goals of United States foreign policy. 
(5) The reorganization and consolidation of United States 
international broadcasting will achieve important economies 
and strengthen the capability of the United States to use broad-
casting to support freedom and democracy in a rapidly changing 
international environment. 
SEC. 303. STANDARDS AND PRINCIPLES. 
22 USC 6202. 
(a) BROADCASTING STANDARDS.—United States international 
broadcasting shall— 
(1) be consistent with the broad foreign policy objectives 
of the United States; 
(2) be consistent with the international telecommunications 
policies and treaty obligations of the United States; 
(3) not duplicate the activities of private United States 
broadcasters; 
(4) not duplicate the activities of government supported 
broadcasting entities of other democratic nations; 
(5) be conducted in accordance with the highest professional 
standards of broadcast journalism; 
(6) be based on reliable information about its potential 
audience; and 
(7) be designed so as to effectively reach a significant 
audience. 
(b) BROADCASTING PRINCIPLES.—United States international 
broadcasting shall include— 
(1) news which is consistently reliable and authoritative, 
accurate, objective, and comprehensive; 
(2) a balanced and comprehensive projection of United 
States thought and institutions, reflecting the diversity of 
United States culture and society; 
(3) clear and effective presentation of the policies of the 
United States Government and responsible discussion and opin-
ion on those policies; 
(4) programming to meet needs which remain unserved 
by the totality of media voices available to the people of certain 
nations; 
(5) information about developments in each significant 
region of the world; 
(6) a variety of opinions and voices from within particular 
nations and regions prevented by censorship or repression from 
speaking to their fellow countrjonen; 
(7) reliable research capacity to meet the criteria under 
this section; 
(8) adequate transmitter and relay capacity to support 
the activities described in this section; and 
108 STAT. 434 
PUBLIC LAW 103-236—APR. 30, 1994 
(9) training and technical support for independent indige-
nous media through government agencies or private United 
States entities. 
President. 
SEC. 304. ESTABUSHMENT OF BROADCASTING BOARD OF GOV-
22 use 6203. 
ERNORS. 
(a) ESTABLISHMENT.—^There is hereby established within the 
United Stetes Information Agency a Broadcasting Board of Grov-
emors (hereafter in this title referred to as the "Board"). 
(b) COMPOSITION OF THE BOARD.— 
(1) The Board shall consist of 9 members, as follows: 
(A) 8 voting members who shall be appointed by the 
President, by and with the advice and consent of the 
Senate. 
(B) The Director of the United States Information 
Agency who shall also be a voting member. 
(2) The President shall designate one member (other than 
the Director of the United Stetes Information Agency) as Chair-
man of the Board. 
(3) Exclusive of the Director of the United States Informa-
tion Agency, not more than 4 of the members of the Board 
appointed by the President shall be of the same political party. 
(c) TERM OF OFFICE.—^The term of office of each member of 
the Board shall be three years, except that the Director of the 
United Stetes Information Agency shall remain a member of the 
Board during the Director's term of service. Of the other 8 voting 
members, the initial terms of office of two members shall be one 
year, and the initial terms of office of 3 other members shall 
be two years, as determined by the President. The President shall 
appoint, by and with the advice and consent of the Senate, Board 
members to fill vacancies occurring prior to the expiration of a 
term, in which case the members so appointed shall serve for 
the remainder of such term. Any member whose term has expired 
may serve until a successor has been appointed and qualified. 
When there is no Director of the United Stetes Information Agency, 
the acting Director of the agency shall serve as a member of 
the Board until a Director is appointed. 
(d) SELECTION OF BOARD.—^Members of the Board appointed 
by the President shall be citizens of the United States who are 
not regular full-time employees of the United States Government. 
Such members shall be selected by the President from among Ameri-
cans distinguished in the fields of mass communications, print, 
broadcast media, or foreign affairs. 
(e) COMPENSATION.—^Members of the Board, while attending 
meetings of the Board or while engaged in duties relating to such 
meetings or in other activities of the Board pursuant to this section 
(including travel time) shall be entitled to receive compensation 
equal to the daily equivalent of the compensation prescribed for 
level IV of the Executive Schedule under section 5315 of title 
5, United Stetes Code. While away from their homes or regular 
places of business, members of the Board may be allowed travel 
expenses, including per diem in lieu of subsistence, as authorized 
by law (5 U.S.C. 5703) for persons in the Government service 
employed intermittently. The Director of the United States Informa-
tion Agency shall not be entitled to any compensation under this 
title, but may be allowed travel expenses as provided under this 
subsection. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 435 
(f) DECISIONS.—^Decisions of the Bocurd shall be made by mcgor-
ity vote, a quorum being present. A quorum shall consist of 5 
members. 
SEC. SOS. AUTHORITIES OF THE BOABD. 
22 USC 6204. 
(a) AUTHORITIES.—^The Board shall have the following authori-
ties: 
(1) To direct and supervise all broadcasting activities con-
ducted pursuant to this title, the Radio Broadcsisting to Cuba 
Act, and the Television Broadcasting to Cuba Act. 
(2) To review and evaluate the mission and operation of, 
and to assess the quality, effectiveness, and professional integ-
rity of, all such activities within the context of the broad foreign 
policy objectives of the United States. 
(3) To ensure that United States international broadcasting 
is conducted in accordance with the standards and principles 
contained in section 303. 
(4) To review, evaluate, and determine, at least annually, 
the addition or deletion of language services. 
(5) To make and supervise grants for broadcasting and 
related activities in accordance with sections 308 and 309. 
(6) To allocate funds appropriated for international broad-
casting activities among tne various elements of the Inter-
national Broadcasting Bureau and grantees, subject to the 
limitations 
in 
sections 
308 
and 
309 
and 
subject 
to 
reprogramming notification requirements in law for the 
reallocation of funds. 
(7) To review engineering activities to ensure that all broad-
casting elements receive the highest quality and cost-effective 
delivery services. 
(8) To undertake such studies as may be necessary to 
identify areas in which broadcasting activities under its aumor-
ity could be made more efi&cient andeconomicsd. 
(9) To submit to the President and the Congress, through Reports. 
the Director of the United States Information Agency, an 
anniial report which summarizes and evaluates activities under 
this title, the Radio Broadcasting to Cuba Act, and the Tele-
vision Broadcasting to Cuba Act. 
(10) To the extent considered necessary to carry out the 
functions of the Board, procure supplies, services, and other 
personal property. 
(11) To appoint such staff personnel for the Board as the 
Board may determine to be necessary, subject to the provisions 
of title 5, United States Code, governing appointments in the 
competitive service, and to fix their compensation in accordance 
with the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General Schedule 
pay rates. 
(12) To obligate and expend, for ofiELcial reception and rep-
resentation expenses, such amount as may be made available 
through appropriations (which for each of the fiscal years 1994 
and 1995 may not exceed the amount made available to the 
Board for International Broadcasting for such purposes for 
fiscal year 1993). 
(13) To make available in the annual report required by 
paragraph (9) information on funds expended on administrative 
and managerial services by the Bureau and by grantees and 
108 STAT. 436 
PUBLIC LAW 103-236—APR. 30, 1994 
the steps the Board has taken to reduce unnecessary overhead 
costs for each of the broadcasting services. 
(14) The Board may provide for the use of United States 
Grovemment transmitter capacity for relay to Radio Free Asia. 
(b) BROADCASTING BUDGETS.— 
(1) The Director of the Bureau and the grantees identified 
in sections 308 and 309 shall submit proposed budgets to the 
Board. The Board shall forward its recommendations concern-
ing the proposed budget for the Board and broadcasting activi-
ties under this title, the Radio Broadcasting to Cuba Act, and 
the Television Broadcasting to Cuba Act to the Director of 
the United States Information Agency for the consideration 
of the Director as a part of the Agency's budget submission 
to the Ofiice of Management and Budget. 
(2) The Director of the United States Information Agency 
shall include in the Agency's submission to the Office of 
Management and Budget the comments and recommendations 
of the Board concerning the proposed broadcasting budget. 
(c) IMPLEMENTATION.—The Director of the United 
States 
Information Agency and the Board, in carrying out their functions, 
shall respect the professional independence and integrity of the 
International Broadcasting Bureau, its broadcasting services, and 
grantees. 
(d) TECHNICAL AMENDMENT.— 
(1) Section 4 of the Radio Broadcasting to Cuba Act (22 
U.S.C. 1465b) is amended by striking "and the Associate Direc-
tor for Broadcasting of the United States Information Agency" 
and inserting "of the Voice of America". 
(2) Section 5(b) of the Radio Broadcasting to Cuba Act 
(22 U.S.C. 1465c(b)) is amended by striking "Director and Asso-
ciate Director for Broadcasting of the United States Information 
Agencjr" and inserting "Broadcasting Board of Governors". 
22 use 6205. 
SEC. 306. FOREIGN POUCY GUTOANCE. 
To assist the Board in carrying out its functions, the Secretary 
of State, acting through the Director of the United States Informa-
tion Agency, shall provide information and guidance on foreign 
policy issues to the Board. 
22 use 6206. 
SEC. 307. INTERNATIONAL BROADCASTING BUREAU. 
(a) ESTABLISHMENT.—^There is hereby established an Inter-
national Broadcasting Bureau within the United States Information 
Agency (hereafter in this title referred to as the "Bureau"), to 
carry out all nonmilitary international broadcasting activities sup-
ported by the United States Government other than those described 
m sections 308 and 309. 
(b) SELECTION OF THE DIRECTOR OF THE BUREAU.— 
(1) The Director of the Bureau shall be appointed by the 
Chairman of the Board, in consultation with the Director of 
the United States Information Agency and with the concurrence 
of a majority of the Board. The Director of the Bureau shall 
be entitled to receive compensation at the rate prescribed by 
law for level IV of the Executive Schedule. 
(2) Section 5315 of title 5, United States Code, is amended 
by adding at the end the following: 
"Director of the International Broadcasting Bureau, the 
United States Information Agency.". 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 437 
SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO 
22 USC 6207. 
UBERTY. 
(a) BOARD OF RFE/RL, INCORPORATED.—The Board may not 
make any grant to RFE/BXi, Incorporated, unless the certmcate 
of incorporation of RFE/RL, Incorporated, has been amended to 
provide tliat— 
(1) the Board of Directors of RFE/RL, Incorporated, shall 
consist of the members of the Broadcasting Board of Governors 
established under section 304 and of no other members; and 
(2) such Board of Directors shall make all major policy 
determinations governing the ojperation of BFE/BL, Incor-
porated, and shall appoint and nx the compensation of such 
managerial officers and employees of RJPEl/RL, Incorporated, 
as it considers necessary to carry out the purposes of flie 
grant provided under this title. 
(b) LOCATION OF PRINCIPAL PLACE OF BUSINESS.— 
(1) The Board may not make any^ant to RFE/RL, Incor-
porated unless the headquarters of KF%/RL, Incorporated and 
its senior administrative and managerial staff are m a location 
which ensures economy, operational effectiveness, and account-
ability to the Board. 
(2) Not later than 90 days after confirmation of all members Reports. 
of the Board, the Board shall provide a report to Congress 
on the number of administrative, managerial, and teclmical 
staff of RFE^UJ, Incorporated who will be located within the 
metropolitan area of Washington, D.C., and the number of 
employees whose principal place of business will be located 
outside the metropolitan area of Washington, D.C. 
(c) LIMITATION ON GRANT AMOUNTS.—The total amount of 
grants made by the Board for the operating costs of Radio Free 
Europe and Radio Liberty may not exceed $75,000,000 for any 
fiscal year after fiscal year 1995. 
(d) ALTERNATIVE GRANTEE.—If the Board determines at any 
time that RFE/RL, Incorporated, is not carrying out the functions 
described in section 309 in an effective and economical manner, 
the Board may award the grant to cany out such functions to 
another entity after soliciting and considering applications from 
eligible entities in such manner and accompanied by mch informa-
tion as the Board may reasonably require. 
(e) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—Nothing 
in this title may be construed to make RFE/RL, Incorporated a 
Federal agency or instrumentality. 
(f) AUTHORITY.—Grants authorized under section 305 for RFE/ 
RL, Incorporated, shall be available to make annual grants for 
the purpose of carrying out similar functions as were carried out 
by RPEVRL, Incorporated, on the day before the date of enactment 
of this Act with respect to Radio Free Europe and Radio Liberty, 
consistent with section 2 of the Board for International Broadcasting 
Act of 1973, as in effect on such date. 
(g) GRANT AGREEMENT.—Grants to RFE/RL, Incorporated, by 
the Board shall only be made in compliance with a grant agreement. 
The grant agreement shall establish guidelines for such grants. 
The grant agreement shall include the following provisions— 
(1) that a grant be used only for activities which the Board 
determines are consistent with the purposes of subsection (f); 
(2) that RFEVRL, Incorporated, shall otherwise comply with 
the requirements of this section; 
108 STAT. 438 
PUBLIC LAW 103-236—APR. 30, 1994 
(3) that fedlure to comply with the requirements of this 
section may result in suspension or termination of a grant 
without further obligation by the Board or the United States; 
(4) that duplication of language services and technical oper-
ations between RFE/RL, Incorporated and the International 
Broadcasting Bureau be reduced to the extent appropriate, 
as determined by the Board; and 
(5) that RFE/RL, Incorporated, justify in detail each pro-
posed expenditure of grant funds, and that such funds may 
not be used for any other purpose unless the Board gives 
its prior written approval. 
(h) PROHIBITED USES OF GRANT FUNDS.—NO grant funds pro-
vided under this section may be used for the following purposes: 
(IXA) Except as provided in subparagraph (B), to pay any 
salary or other compensation, or enter into any contract provid-
ing for the payment of salary or compensation in excess of 
the rates established for comparable positions under title 5 
of the United States Code or the foreign relations laws of 
the United States, except that no employee may be paid a 
salary or other compensation in excess of the rate of pay payable 
for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code. 
(B) Salary and other compensation limitations under 
subparagraph (A) shall not apply prior to October 1, 1995, 
with respect to any employee covered by a union agreement 
requiring a salary or other compensation in excess of such 
limitations. 
(2) For any activity for the purpose of influencing the 
passage or defeat of legislation being considered by Congress. 
(3) To enter into a contract or obligation to pay severance 
payments for voluntary separation for employees hired after 
December 1, 1990, except as may be required by United States 
law or the laws of the country where the employee is stationed. 
(4) For first class travel for any employee of RFE/RL, 
Incorporated, or the relative of any employee. 
(5) To compensate freelance contractors without 
the 
approval of the Board. 
Effective dates. 
(i) REPORT ON MANAGEMENT PRACTICES.—(1) Effective not later 
than March 31 and September 30 of each calendar year, the Inspec-
tor Greneral of the United States Information Agency shall submit 
to the Board, the Director of the United States Information Agency, 
and the Congress a report on management practices of RFE/RL, 
Incorporated, under this section. The Inspector General of the 
United States Information Agency shall establish a special unit 
within the Inspector General's office to monitor and audit the 
activities of RFE/RL, Incorporated, and shall provide for on-site 
monitoring of such activities, 
(j) AUDIT AUTHORITY.— 
(1) Such flnancial transactions of RFEVRL, Incorporated, 
as relate to functions carried out under this section may be 
audited by the General Accounting Office in accordance with 
such principles and procedures and under such rules and regu-
lations as may be prescribed by the Comptroller General of 
the United States. Any such audit shall be conducted at the 
place or places where accounts of RFEVRL, Incorporated, are 
normally kept. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 439 
(2) Representatives of the Greneral Accounting Office shall 
have access to all books, accounts, records, reports, files, papers, 
and property belonging to or in use by RFE/RL, Incorporated 
pertaining to such financial transactions and necessary to facili-
tate an audit. Such representatives shall be afforded full 
facilities for verifying transactions with any assets held by 
depositories, fiscal agents, and custodians. All such books, 
accoimts, records, reports, files, papers, and property of RFE/ 
RL, Incorporated, shall remain in the possession and custody 
of RFE/RL, Incorporated. 
(3) Notwithstanding any other provision of law and upon 
repeal of the Board for International Broadcasting Act, the 
Inspector Greneral of the United States Information Agency 
is authorized to exercise the authorities of the Inspector Greneral 
Act of 1978 with respect to RFE/RL, Incorporated. 
(k) PLAN FOR RELOCATION.—None of the funds authorized to 
be appropriated for the fiscal years 1994 or 1995 may be used 
to relocate the offices or operations of RFE/RL, Incorporated fi:om 
Munich, Germany, unless— 
(1) such relocation is specifically provided for in an appro-
priation Act or pursuant to a reprogramming notification; and 
(2)(A) such relocation is authorized by the Board and the 
Board submits to the Comptroller General of the United States 
and the appropriate Congressional committees a detailed plan 
for such relocation, including cost estimates and any and all 
fiscal data, audits, business plans, and other documents which 
justify such relocation; or 
(B) prior to the confirmation of all members of the Board, 
such relocation is authorized by the President, the President 
certifies that a significant national interest requires that such 
relocation determination be made before the confirmation of 
all members of the Board, and the President submits to the 
Comptroller Greneral of the United States and the appropriate 
congressional committees a detailed plan for such relocation, 
including cost estimates and any and all fiscal data, audits, 
business plans, and other documents which justify such reloca-
tion. 
(1) REPORTS ON PERSONNEL CLASSIFICATION.—Not later than 
90 days after the date of confirmation of all members of the Board, 
the Board shall submit a report to the Congress containing a 
justification, in terms of the types of duties performed at specific 
rates of salary and other compensation, of the classification of 
personnel employed by RFE/RL, Incorporated. The report shall 
include a comparison of the rates of salary or other compensation 
and classifications provided to employees of RFE/RL, Incorporated, 
with the rates of salary or other compensation and classifications 
of employees of the Voice of America stationed overseas in com-
parable positions and shall identify any disparities and steps which 
should be taken to eliminate such disparities. 
SEC. 309. RADIO FREE ASIA. 
22 USC 6208. 
(a) AUTHORITY.— 
(1) Grants authorized under section 305 shall be available 
to make annual grants for the purpose of carrying out radio 
broadcasting to the following countries: The Peopl&s Republic 
of China, Burma, Cambodia, Laos, North Korea, Tibet, and 
Vietnam. 
108 STAT. 440 
PUBLIC LAW 103-236—APR. 30, 1994 
(2) Such broadcasting service shall be referred to as "Radio 
Free Asia". 
(b) FUNCTIONS.—Radio Free Asia shall— 
(1) provide accurate and timely information, news, and 
commentary about events in the respective countries of Asia 
and elsewhere; and 
(2) be a forum for a variety of opinions and voices from 
vtrithin Asian nations whose people do not fully ei\ioy freedom 
of expression. 
(c) SUBMISSION OF DETAILED PLAN FOR RADIO FREE ASIA.— 
(1) No grant may be awarded to carry out this section 
unless the Board, through the Director of the United States 
Information Agency, has submitted to Congress a detailed plan 
for the establishment and operation of Radio Free Asia, 
including— 
(A) a description of the manner in which Radio Free 
Asia would meet the funding limitations provided in sub-
section (dX4); 
(B) a description of the numbers and qualifications 
of employees it proposes to hire; and 
(C) how it proposes to meet the technical requirements 
for canying out its responsibilities under this section. 
(2) The plan required by paragraph (1) shall be submitted 
not later than 90 days after the date on which all members 
of the Board are confirmed. 
(3) No grant may be awarded to carry out the provisions 
of this section unless the plan submitted by the Board includes 
a certification by the Board that Radio Free Asia can be estab-
lished and operated within the funding limitations provided 
for in subsection (dX4) and subsection (dX5). 
(4) If the Board determines that a Radio Free Asia cannot 
be established or operated effectively within the funding limita-
tions provided for in this section, the Board may submit, 
through the Director of the United States Information AgenQr, 
an alternative plan and such proposed changes in legislation 
as may be necessary to the appropriate congressional commit-
tees. 
(d) GRANT AGREEMENT.—Any grant agreement or grants under 
this section shall be subject to the following limitations and restric-
tions: 
(IXA) The Bo£urd may not meike any grant to Radio Free 
Asia imless the headquarters of Radio Free Asia and its senior 
administrative and managerial staff are in a location which 
ensures economy, operational effectiveness, and accoimtability 
to the Board. 
Reports. 
(B) Not later than 90 days after confirmation of the Board, 
the Board shall provide a report to Congress on the number 
of administrative, managerial, and technical staff of Radio Free 
Asia who will be located within the metropolitan area of 
Washington, D.C., and the number of employees whose prin-
cipal place of business will be located outside the metropolitan 
area of Washington, D.C. 
(2) Any grant agreement under this section shall require 
that any contract entered into by Radio Free Asia shall specify 
that all obligations are assumed by Radio Free Asia and not 
by the United States Government, and shall further specify 
that funds to carry out the activities of Radio Free Asia may 
not be available after September 30,1999. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 441 
(3) Any grant agreement shall require that any lease agree-
ments entered into by Radio Free Asia shall be, to the maximum 
extent possible, assignable to the United States Government. 
(4) Grants made for the operating costs of Radio Free 
Asia may not exceed $22,000,000 in any fiscal year. 
(5) The total amount of grant funds made available for 
one-time capital costs of Radio Free Asia may not exceed 
$8,000,000. 
(6) Grants awarded under this section shall be made pursu-
ant to a grant agreement which requires that grant funds 
be used only for activities consistent with this section, and 
that failure to comply with such requirements shall permit 
the grant to be terminated without fiscal obligation to the 
United States. 
(e) LIMITATIONS ON ADMINISTRATIVE AND MANAGERIAL COSTS.— 
It is the sense of the Congress that administrative and managerial 
costs for operation of Radio Free Asia should be kept to a minimum 
and, to the maximum extent feasible, should not exceed the costs 
that would have been incurred if Radio Free Asia had been operated 
as a Federal entity rather than as a grantee. 
(f) ASSESSMENT OF THE EFFECTIVENESS OF RADIO FREE ASIA.— Reports. 
Not later than 3 years after the date on which initial funding 
is provided for the purpose of operating Radio Free Asia, the Board 
shall submit to the appropriate congressional committees a report 
on— 
(1) whether Radio Free Asia is technically sound and cost-
effective, 
(2) whether Radio Free Asia consistently meets the stand-
ards for quality and objectivity established by this title, 
(3) whether Radio Free Asia is received by a sufficient 
audience to warrant its continuation, 
(4) the extent to which such broadcasting is already being 
received by the target audience from other credible sources; 
and 
(5) the extent to which the interests of the United States 
are being served by maintaining broadcasting of Radio Free 
Asia. 
(g) SUNSET PROVISION.—The Board may not make any grant 
President. 
for the purpose of operating Radio Free Asia after September 30, 
1998, unless the President of the United States determines in 
the President's fiscal year 1999 budget submission that continuation 
of funding for Radio Free Asia for 1 additional year is in the 
interest of the United States. 
(h) NOTIFICATION AND CONSULTATION REGARDING DISPLACE-
MENT OF VOICE OF AMERICA BROADCASTING.—The Board shall notify 
the appropriate congressional committees before entering into any 
agreements for the utilization of Voice of America transmitters, 
equipment, or other resources that will significantly reduce the 
broadcasting activities of the Voice of America in Asia or any 
other region in order to accommodate the broadcasting activities 
of Radio Free Asia. The Chairman of the Board shall consult with 
such committees on the impact of any such reduction in Voice 
of America broadcasting activities. 
(i) NOT A FEDERAL AGENCY OR INSTRUMENTALITY.—^Nothing 
in this title may be construed to make Radio Free Asia a Federal 
agency or instrumentality. 
108 STAT. 442 
PUBLIC LAW 103-236—APR. 30, 1994 
22 use 6209. 
SEC. 310. TRANSITION. 
President. 
(a) AUTHORIZATION.— 
(1) The President is authorized consistent with the pur-
poses of this Act to direct the transfer of all functions and 
authorities from the Board for International Broadcasting to 
the United States Information Agency, the Board, or the Bureau 
as may be necessary to implement this title. 
(2XA) Not later than 120 days after the date of enactment 
of this Act, the Director of the United States Information 
Agency and the Chairman of the Board for International Broad-
casting shall jointly prepare and submit to the President for 
approval and implementation a plan to implement the provi-
sions of this title. Such plan shall include at a minimum a 
detailed cost analysis to implement fully the recommendations 
of such plan. The plan shall identify all costs in excess of 
those authorized for such purposes and shall provide that any 
excess cost to implement the plan shall be derived only from 
fimds authorized in section 201 of this Act. 
(B) The President shall transmit copies of the ai>proved 
plan, together with any recommendations for legislative 
changes that may be necessary, to the appropriate congressional 
committees. 
(b) NEW APPOINTEES.—The Director of the United States 
Information Agency may assign employees of the Agency for service 
with RFEVRL, Incorporated, with the concurrence of the president 
of RFE/RL, Incorporated. Such assignment shall not affect the 
rights and benefits of such personnel as employees of the United 
Stotes Information Agency. 
(c) BOARD FOR INTERNATIONAL BROADCASTING PERSONNEL.— 
All Board for International Broadcasting full-time United States 
Government personnel (except special Government employees) and 
part-time United States Government personnel holding permanent 
positions shall be transferred to the United States Information 
Agency, the Board, or the Bureau. Such transfer shall not cause 
any such employee to be separated or reduced in grade or compensa-
tion. 
(d) OTHER AUTHORITIES.—The Director of the United States 
Information Agency is authorized to utilize the provisions of titles 
VIII and D
C of the United States Information and Educational 
Exchange Act of 1948, and any other authority available to the 
Director on the date of enactment of this Act, to the extent that 
the Director considers necessary in carrying out the provisions 
and purposes of this title. 
Effective date. 
(e) REPEAL.—^The Board for International Broadcasting Act of 
1973 (22 U.S.C. 2871, et sea.) is repealed effective September 30, 
1995, or the date on which all members of the Board are confirmed, 
whichever is earlier. 
(f) SAVINGS PROVISIONS.— 
(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and 
other administrative actions— 
(A) which 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 performance of functions which are transferred under 
this title; and 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 443 
(B) which are in effect at the time this title takes 
effect, or were final before the effective date of this title 
and are to become effective on or after the efTective date 
of this 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 Director of the United States 
Information Agency or other authorized official, a court of com-
petent jurisdiction, or by operation of law. 
(2) PROCEEDINGS NOT AFFECTED.—The provisions of this 
title shall not affect any proceedings pending before the Board 
for International Broadcasting at the time this title takes efTect, 
with respect to fimctions transferred by this title, but such 
proceedings shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments 
shall be made pursuant to such orders, as if this title had 
not been enacted, and orders issued in any such proceedings 
shall continue in effect until modified, terminated, superseded, 
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 termination or modification 
of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
terminated or modified if this title had not been enacted. 
(3) SUITS NOT AFFECTED.—The provisions of this title shall 
not affect suits commenced before the effective date of this 
title, 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 title had not been enacted. 
(4) NONABATEMENT OF ACTIONS.—No suit, action, or other 
proceeding commenced by or against the Board for International 
Broadcasting or by or against any individual in the official 
capacity of such individual as an officer of the Board for Inter-
national Broadcasting shall abate by reason of the enactment 
of this title. 
(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION 
OF REGULATIONS.—Any administrative action relating to the 
preparation or promulgation of a regulation by the Board for 
International Broadcasting relating to a function transferred 
under this title may be continued by the United States Informa-
tion Agency with the same effect as if this title had not been 
enacted. 
(6) REFERENCES.—^A reference in any provision of law, 
reorganization plan, or other authority to the Associate Director 
for Broadcasting of the United Stotes Information Agency shall 
be considered to be a reference to the Director of the Inter-
national Broadcasting Bureau of the United States Information 
Agency. 
(7) EFFECT ON OTHER LAWS.—^The provisions of, and 
authorities contoined in or transferred pursuant to, this title 
are not intended to repeal, limit, or otherwise derogate from 
the authorities or functions of or available to the Director 
of the United States Information Agency or the Secretary of 
State luider law, reorganization plan, or otherwise, unless such 
provision hereof— 
108 STAT. 444 
PUBLIC LAW 103-236—APR. 30, 1994 
(A) specifically refers to the provision of law or author-
ity existing on the effective date of this title, so affected; 
or 
(B) is in direct conflict with such law or authority 
existing on the effective date of this title. 
22 use 6210. 
SEC. 311. PRESERVATION OF AMERICAN JOBS. 
It is the sense of the Congress that the Director of the United 
States Information Agency and the Chairman of the Board for 
International Broadcasting should, in developing the plan for 
consolidation and reorganization of overseas international broad-
casting services, limit, to the maximum extent feasible, consistent 
with the purposes of the consolidation, elimination of any United 
States-based positions and should affirmatively seek to transfer 
as many positions as possible to the United States. 
22 use 6211. 
SEC. 312. PRIVATIZATION OF RADIO FREE EUROPE AND RADIO LIB-
ERTY. 
(a) DECLARATION OF POLICY.—It is the sense of the Congress 
that, in furtherance of the objectives of section 302 of this Act, 
the funding of Radio Free Europe and Radio Liberty should be 
assumed by the private sector not later than December 31, 1999, 
and that the funding of Radio Free Europe and Radio Liberty 
Research Institute should be assumed by the private sector at 
the earliest possible time. 
(b) PRESIDENTIAL SUBMISSION.—The President shall submit 
with his annual budget submission as provided for in section 307 
an analysis and recommendations for achieving the objectives of 
subsection (a). 
(c) REPORTS ON TRANSFER OF RFE/RL RESEARCH INSTITUTE.— 
Not later than 120 days after the date of enactment of this Act, 
the Board for International Broadcasting, or the Board, if estab-
lished, shall submit to the appropriate congressional committees 
a report on the steps being taken to transfer RFE/RL Research 
Institute pursuant to subsection (a) and shall provide periodic 
progress reports on such efforts imtil such transfer has been 
achieved. 
22 use 6212. 
SEC. 313. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS. 
(a) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS.— 
Notwithstanding any other provision of law, for the fiscal year 
1994 and for each subsequent fiscal year, any funds appropriated 
for the purposes of broadcasting subject to the direction and super-
vision of the Board shall not be available for obligation or 
expenditure— 
(1) unless such funds are appropriated pursuant to an 
authorization of appropriations; or 
(2) in excess of the authorized level of appropriations. 
(b) SUBSEQUENT AUTHORIZATION.—The Umitation under sub-
section (a) shall not apply to the extent that an authorization 
of appropriations is enacted after such funds are appropriated. 
(c) APPLICATION.—^The provisions of this section— 
(1) may not be superseded, except by a provision of law 
which specifically repeals, modifies, or supersedes the provi-
sions of this section; and 
(2) shall not apply to, or affect in any manner, permanent 
appropriations, trust funds, and other similar accounts which 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 445 
are authorized by law and administered under or pursuant 
to this title. 
SEC. 314. DEFINITIONS. 
22 USC 6213. 
For the purposes of this title— 
(1) the term ''appropriate congressional committees" means 
the Committee on Foreign Relations and the Committee on 
Appropriations of the Senate and the Committee on Foreign 
Anairs and the Committee on Appropriations of the House 
of Representatives; 
(2) the term "RFE/RL, Incorporated" includes— 
(A) the corporation having the corporate title described 
in section 307(bX3); and 
(B) any alternative grantee described in section 307(e); 
and 
(3) the term "salary or other compensation" includes any 
deferred compensation or pension payments, any payments for 
expenses for which the recipient is not obligated to itemize, 
and any payments for personnel services provided to an 
employee of RFE/RL, Incorporated. 
SEC. 315. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) VOICE OF AMERICA BROADCASTS.—Section 503 of the United 
States Information and Educational Exchange Act of 1948 (22 
U.S.C. 1463) is repealed. 
(b) ISRAEL RELAY STATION.—Section 301(c) of the Foreign Rela-
tions Authorization Act, Fiscal Years 1990 and 1991, is repealed. 1
0
4 Stat. 63. 
(c) BOARD FOR INTERNATIONAL BROADCASTING ACT.—Section 
4(aXl) of the Board for International Broadcasting Act of 1973 22 use 2873. 
is amended to read as follows: 
"(1) to make grants to RFE/RL, Incorporated and, until Grants. 
September 30, 1995, to make grants to entities estabUshed 
in the privatization of certain functions of RFE/RL, Incor-
porated in order to carry out the purposes set forth in 
section 2 of this Act;". 
TITLE IV—INTERNATIONAL 
ORGANIZATIONS 
PART A—UNITED NATIONS REFORM AND 
PEACEKEEPING OPERATIONS 
SEC. 401. UNITED NATIONS OFFICE OF INSPECTOR GENERAL. 
(a) WITHHOLDING OF PORTION OF CERTAIN ASSESSED CONTRIBU-
TIONS.—^Until a certification is made under subsection (b), the fol-
lowing amounts shall be withheld from obligation £uid expenditure 
(in addition to any amounts required to be withheld by any other 
provision of this Act): 
(1) FY 1994 ASSESSED CONTRIBUTIONS FOR U.N. REGULAR 
BUDGET.—Of the funds appropriated for "Contributions to Inter-
national Organizations" for fiscal year 1994, 10 percent of the 
amount for United States assessed contributions to the regular 
budget of the United Nations shall be withheld. 
(2) FY 1995 ASSESSED CONTRIBUTIONS FOR U.N. REGULAR 
BUDGET.—Of the funds appropriated for "Contributions to Inter-
national Organizations" for fiscal year 1995, 20 percent of the 
108 STAT. 446 
PUBLIC LAW 103-236—APR. 30, 1994 
amount for United States assessed contributions to the regular 
budget of the United Nations shall be withheld. 
(3) SUPPLEMENTAL 
ASSESSED 
PEACEKEEPING 
CONTRIBU-
TIONS.—Of the funds appropriated for "Contributions for Inter-
national Peacekeeping Activities" for a fiscal year pursuant 
to the authorization of appropriations under section 102(d), 
50 percent shall be withheld. 
President. 
(fe) CERTIFICATION.—^The certification referred to in subsection 
(a) is a certification by the President to the Congress that— 
(1) the United Nations has established an independent 
office of Inspector General to conduct and supervise objective 
audits, inspections, and investigations relating to the programs 
and operations of the United Nations; 
(2) the Secretary General of the United Nations has 
appointed an Inspector General, with the approval of the Gen-
eral Assembly, and that appointment was made principally 
on the basis of the appointee's integrity and demonstrated 
ability in accounting, auditing, financial analysis, law, manage-
ment analysis, public administration, or investigations; 
(3) the Inspector General is authorized to— 
(A) make investigations and reports relating to the 
administration of the programs and operations of the 
United Nations; 
(B) have access to all records, documents, and other 
available materials relating to those programs and oper-
ations; and 
(C) have direct and prompt access to any official of 
the United Nations; 
(4) the United Nations has procedures in place designed 
to protect the identity of, and to prevent reprisals against, 
any staff member making a complaint or disclosing information 
to, or cooperating in any investigation or inspection by, the 
Inspector General; 
(5) the United Nations has procedures in place designed 
to ensure compliance with the recommendations of the Inspector 
General; and 
(6) the United Nations has procedures in place to ensure 
that all annual and other relevant reports submitted by the 
Inspector General are made available to the General Assembly 
without modification. 
(c) SPECIALIZED AGENCIES.—^United States representatives to 
the United Nations should promote complete Inspector General 
access to all records and officials of the specialized agencies of 
the United Nations, and should strive to achieve such access by 
fiscal year 1996. 
(d) DEFINITION.—For purposes of this part, the term "Inspector 
General" means the head of an independent office (or other 
independent entity) established by the United Nations to conduct 
and supervise objective audits, inspections, and investigations relat-
ing to the programs and operations of the United Nations. 
SEC. 402. UNITED STATES PARTICIPATION IN MANAGEMENT OF THE 
UNITED NATIONS. 
It is the sense of the Congress that, consistent with the United 
Nations Charter, United States nationals should have equitable 
representation at senior management levels in the United Nations 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 447 
system, especially in the Department for Administration and 
Mangement and in the office of tne Inspector General. 
SEC. 403. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE 
FUNDING FOR UNITED NATIONS PEACEKEEPING OPER. 
ATIONS. 
It is the sense of the Senate that beginning October 1, 1995, 
funds made available to the Department oiDefense (including funds 
for "Operation and Maintenance") shall be available for— 
(1) United States assessed or voluntary contributions for 
United Nations peacekeeping operations, or 
(2) the unreimbursaole incremental costs associated with 
the participation of United States Armed Forces in any United 
Nations peacekeeping operation (other than an operation nec-
essary to protect American Uves or United States national 
interests), 
only to the extent that the Congress has authorized, appropriated, 
or otherwise approved funds for such purposes. 
SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACE-
KEEPING OPERATIONS. 
(a) 
REASSESSMENT 
OF CONTRIBUTION 
PERCENTAGES.—The 
Permanent Representative of the United States to the United 
Nations should make every effort to ensure that the United Nations 
completes an overall review and reassessment of each nation's 
assessed contributions for United Nations peacekeeping operations. 
As part of the overall review and assessment, the Permanent Rep-
resentative should make every effort to advance the concept that, 
when appropriate, host governments and other governments in 
the region wnere a United Nations peacekeeping operation is carried 
out should bear a greater burden of^its financial cost. 
(b) LIMITATION ON UNITED STATES CONTRIBUTIONS.— 
22 USC 287e 
(1) FISCAL YEARS 1994 AND 1995.—^Funds authorized to be ^°^^-
appropriated for "Contributions for International Peacekeeping 
Activities" for fiscal years 1994 and 1995 shall not be available 
for the payment of the United States assessed contribution 
for a United Nations peacekeeping operation in an amoimt 
which is greater than 30.4 percent of the total of all assessed 
contributions for that operation, notwithstanding the last sen-
tence of the paragraph neaded "Contributions to International 
Organizations" in Public Law 92-644, as amended by section 
203 of the Foreign Relations Authorization Act, Fiscal Year 
1976 (22 U.S.C. 287e note). 
(2) SUBSEQUENT FISCAL YEARS.—Funds authorized to be 
appropriated for "Contributions for International Peacekeeping 
Activities" for any fiscal year after fiscal year 1995 shall not 
be available for the pajnnent of the United States assessed 
contribution for a United Nations peacekeeping operation in 
an amoiuit which is greater than 25 percent of tne total of 
all assessed contributions for that operation. 
(3) CONFORMING AMENDMENT.—The last sentence of the 
paragraph headed "Contributions to International Organiza-
tions in Public Law 92-544, as amended by section 203 of 
the Foreign Relations Authorization Act, Fiscal Year 1976 (22 
U.S.C. 287e note), is amended by striking "conducted by or 
under the auspices of the United Nations or" and inserting 
"(other than United Nations peacekeeping operations) con-
ducted". 
108 STAT. 448 
PUBLIC LAW 103-236—APR. 30, 1994 
SEC. 406. UNITED STATES PERSONNEL TAKEN PRISONER WHILE 
SERVING IN BfULTINATIONAL FORCE& 
It is the sense of tiie Congress that— 
(1) the President should take immediate steps, unilaterally 
and in appropriate international bodies, to assure that any 
United States military personnel serving as part of a multi-
national force who are captured are accorded protections 
equivalent to those accord 3a to prisoners of war imder the 
1949 Geneva Conventions und other international agreements 
intended to protect prisoners of war; and 
(2) the President should also take all necesscury steps to 
bring to justice all individuals responsible for any mistreatment 
or torture of, or for causing the death of. United States military 
personnel who are captured while serving in a multinational 
force. 
SEC. 406. TRANSBflTTALS OF CERTAIN UNITED NATIONS DOCUMENTS. 
Section 4 of the United Nations Participation Act of 1945 (22 
U.S.C. 287b) is amended— 
(1) by inserting "(a) PERIODIC REPORTS.—" after "SEC 4."; 
and 
(2) by adding at the end the following: 
"(b) TRANSMITTAL OF SECURITY COUNCIL RESOLUTIONS.—Not 
later than 3 days (excluding Saturdays, Sundays, and legal holidays) 
aiter adoption of any resolution by the Security Council, the Sec-
retary of State shall transmit the text of such resolution and any 
supporting documentation to the designated congressional commit-
tees. 
"(c) REPORTS ON PEACEKEEPING OPERATIONS.—The Secretary 
of State shall promptly transmit to the designated congressional 
committees any published report prepared by the United Nations 
and distributed, to the members of tne Security Council that contains 
assessments of any proposed, ongoing, or concluded United Nations 
peacekeeping operation.". 
President. 
SEC.40': CONSULTATIONS AND REPORTS. 
note. 
(a) CONSULTATIONS AND REPORTS ON U.N. PEACEKEEPING OPER-
ATIONS.— 
(1) CONSULTATIONS.—Each month the President shall con-
sult with the Congress on the status of United Nations peace-
keeping operations. 
(2) INFORMATION TO BE PROVIDED.—In connection with 
these consultations, the following information shall be provided 
each month to the designated congressional committees: 
(A) With respect to ongoing United Nations peacekeep-
ing operations, the following: 
(i) A list of all resolutions of the United Nations 
Security Council anticipated to be voted on during 
such month that would extend or change the mandate 
of any United Nations peacekeeping operation. 
(ii) For each such operation, any changes in the 
duration, mandate, and command and control arrange-
ments that are anticipated as a result of the adoption 
of the resolution. 
(iii) An estimate of the total cost to the United 
Nations of each such operation for the period covered 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 449 
by the resolution, and an estimate of the amount of 
that cost that will be assessed to the United States. 
(iv) Any anticipated significant changes in United 
States participation in or support for each such oper-
ation during the period covered by the resolution, and 
the estimated costs to the United States of such 
changes. 
(B) With respect to each new United Nations peace-
keeping operation that is anticipated to be authorized by 
a Security Council resolution during such month, the fol-
lowing information for the period covered by the resolution: 
(i) The anticipated duration, mandate, and com-
mand and control arrangements of such operation. 
(ii) An estimate of the total cost to the United 
Nations of the operation, and an estimate of the 
amount of that cost that will be assessed to the United 
States. 
(iii) A description of the functions that would be 
performed by any United States Armed Forces partici-
pating in or otherwise operating in support of the 
operation, an estimate of the number of members of 
the Armed Forces that will participate in or otherwise 
operate in support of the operation, and an estimate 
of the cost to the United States of such participation 
or support. 
(3) WRITTEN INFORMATION.—The information described in 
clauses (i) and (iii) of paragraph (2XA) and the information 
described in clauses (i) and (ii) of paragraph (2)(B) shall be 
provided each month to the designated congressional commit-
tees in written form not later than the 10th day of that month. 
(4) INTERIM INFORMATION.—(A) The President shall submit 
to the designated congressional committees a written interim 
report if, during the period between the monthly consultations 
required by paragraph (1), the United States learns that the 
United Nations Security Council is likely, before the next such 
consultation, to vote on a resolution that would authorize a 
new United Nations peacekeeping operation and that resolution 
was not previously reported on pursuant to paragraph (2XB). 
Each interim report shall include the information described 
in clauses (i) and (ii) of paragraph (2XB). 
(B) Any such interim report shall be submitted not less 
than 5 days before the vote of the United Nations Security 
Council, unless the President determines that exceptional cir-
cumstances prevented compliance with the requirement to 
report 5 days in advance. If the President makes such a deter-
mination, the interim report shall be submitted promptly (but 
in no case later than 3 days after the vote) and shall include 
a copy of the determination and a description of the exceptional 
circumstances which were the basis for that determination. 
(5) 
NOTIFICATION AND QUARTERLY REPORTS REGARDING 
UNITED STATES ASSISTANCE.—(A) The President shall notify the 
designated congressional committees at least 15 days before 
the United States provides any assistance to the United Nations 
to support peacekeeping operations. This subparagraph does 
not apply to— 
108 STAT. 450 
PUBLIC LAW 103-236—APR. 30, 1994 
(i) assistance haviiu^ a value of less than $3,000,000 
in the case of nonreimburseable assistance or less than 
$14,000,000 in the case of reimburseable assistance, or 
(ii) assistance provided under the emergency drawdown 
authority of sections 506(aXl) and 552(cX2) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2318(aXl) and 
2348a(cX2)). 
(B) The President shall submit quarterly reports to the 
designated congressional committees on all £U(sistance provided 
by the United States during the preceding calendar quarter 
to the United Nations to support peacekeeping operations. Each 
report shall describe the assistance provided for each such 
operation, listed by categoiy of assistance. The report for the 
fourth calendar quarter of each year shall be submitted as 
part of the annual report reauired by section 4(d) of the United 
Nations Participation Act or 1945 (as added by subsection (b) 
of this section) and shall include cumulative information for 
the preceding calendar year. 
(b) ANNUAL KEPORTS.—Section 4 of the United Nations Partici-
pation Act of 1945 (22 U.S.C. 287b), SB amended b^ the preceding 
section of this title, is further amended by addmg at the end 
the following: 
"(d) ANNUAL REPORT.—In addition to the report required by 
subsection (a), the President, at the time of submission of the 
annual budget request to the Congress, shall submit to the desig-
nated congressional committees a report that includes the following: 
"(1) COSTS OF PEACEKEEPING OPERATIONS.— 
"(A) In accordance with section 407(aX5XB) of the For-
eign Relations Authorization Act, Fiscal Years 1994 and 
1995, a description of all assistance provided by the United 
States to the United Nations to support peacekeeping oper-
ations during the previous calendar quarter and during 
the previous year. 
"(B) With respect to United Nations peacekeeping 
operations— 
"(i) the aggregate cost of all United Nations peace-
keeping operations for the prior 
fiscal 
year; 
"(ii) the costs of each United Nations peacekeeping 
operation for the prior 
fiscal 
year; and 
"(iii) the amount of United States contributions 
(both assessed and voluntary) to United Nations peace-
keeping operations on an operation-by-operation basis 
for the prior 
fiscal 
year. 
"(C) With respect to other international peacekeeping 
operations in which the United States participates— 
"(i) the aggregate cost of all such operations for 
the prior 
fiscal 
year; 
"(ii) the costs of each such operation for the prior 
fiscal ^ear; and 
"(iii) the amount of United States contributions 
(both assessed and volimtary) to such operations on 
an operation-by-operation basis for the prior 
fiscal 
year. 
"(D) In the case of the first 2 reports submitted pursu-
ant to this subsection, a projection of all United States 
costs for United Nations peacekeeping operations diudng 
each of the next 2 fiscal years, including assessed and 
voluntary contributions. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 451 
"(2) 
OTHER MATTERS REGARDING PEACEKEEPING OPER-
ATIONS.— 
''(A) An assessment of the effectiveness of ongoing 
international peacekeeping operations, their relevance to 
United States national interests, the efforts by the United 
Nations 
and 
other 
international 
organizations 
(as 
appUcable) to resolve the relevant armed conflicts, and 
the projected termination dates for all such operations. 
"(B) The dollar value and percentage of total peace-
keeping contracts that have been awarded to United States 
contractors during the previous year. 
"(3) UNITED NATIONS REFORM.— 
"(AXi) A description of the status of efforts to establish 
and implement an independent ofHce of the Inspector Gren-
eral at the United Nations. 
"(ii) If an ofHce of the Inspector General has been 
established at the United Nations, a discussion of whether 
the Inspector General is keeping the Secretary Greneral 
and the members of the General Assembly fully informed 
about problems, deficiencies, the necessity for corrective 
action, and the progress of corrective action. 
"(iii) For purposes of this subparagraph, the term 'office 
of the Inspector Grenersd' means an independent office (or 
other independent entity) established by the United 
Nations to conduct and supervise objective audits, inspec-
tions, and investigations relating to the programs and oper-
ations of the United Nations. 
"(B) A description of the status of efforts to reduce 
the United States peacekeeping assessment rate. 
"(C) A description of the status of other United States 
efforts to achieve financial and management reform at 
the United Nations. 
"(4) MlUTARY PERSONNEL PARTICIPATING IN MULTINATIONAL 
FORCES.—^A description of— 
"(A) the status under international law of members 
of multinational forces, including the legal status of such 
personnel if captured, missing, or detained; 
"(B) the extent of the risk for United States military 
personnel who are captured while participating in multi-
national forces in cases where their captors fail to respect 
the 1949 Geneva Conventions and other international 
agreements intended to protect prisoners of war; and 
"(C) the specific steps that have been taken to protect 
United States military personnel participating in multi-
national forces, together (if necessary) with any rec-
ommendations for the enactment of legislation to achieve 
that objective. 
"(5) 
HUMAN RIGHTS AND U.N. PEACEKEEPING FORCES.—A 
description of the efforts by United Nations peacekeeping forces 
to promote and protect internationally recognized human rights 
standards, including the status of investigations in any case 
of alleged hiunan rights violations during the preceding year 
by personnel participating in United Nations peacekeeping 
forces, as well as any action taken in such cases. 
"(e) DESIGNATED CONGRESSIONAL COMMITTEES.—AS used in this 
section, the term 'designated congressional committees' has the 
108 STAT. 452 
PUBLIC LAW 103-236—APR. 30, 1994 
meaning given that term by section 415 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.". 
SEC. 408. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTER-
NATIONAL PEACEKEEPING OPERATIONS. 
Chapter 2 of part II of the Foreign Assistance Act of 1961 
is amended by adding sifter section 519 (22 U.S.C. 2321m) the 
following: 
22 use 2321n. 
"SEC. 520. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTER-
NATIONAL PEACEKEEPING OPERATIONS. 
"(a) GENERAL AUTHORITY.—The President may transfer to inter-
national and regional organizations of which the United States 
is a member such excess defense articles as the President deter-
mines necessary to support international peacekeeping operations 
and other activities ana operations to maintain and restore inter-
national peace and security. Such transfers shall be on such terms 
£ind conditions as the President may determine, consistent with 
this section. 
"(b) CONDITIONALITY OF AUTHORITY.— 
"(1) IN GENERAL.—^The authority of subsection (a) may not 
be exercised with respect to an international or regional 
•
- - 
organization until the United States has entered into a written 
agreement with that organization providing that the value of 
any excess defense articles transferred under this section shall 
be credited against United States assessed contributions to 
that organization. For purposes of this paragraph, the term 
Value* means such amount as may be agreed upon by the 
United States and the recipient organization, except that such 
amount mav not be less than the value (as defined in section 
644(mXl) of this Act) of the articles transferred. 
"(2) CREDITING OF TRANSFERS.—(A) The credit provided 
for pursuant to paragraph (1) shall be counted against United 
States assessed contributions to the recipient organization that 
are payable from the 'Contribution to International Peacekeep-
ing Activities' account of the Department of State, except to 
the extent such credit is counted, in accordance with subpara-
graph (B), against an assessed contribution payable from an 
account established within the Department of Defense. 
"(B) If— 
"(i) an accoimt is established within the Department 
of Defense for pajnnent of a portion of United States 
assessed contributions for United Nations operations, 
"(ii) excess defense articles are transferred under this 
section for a United Nations operation, and 
"(iii) the United States assessed contribution for that 
operation is payable from that account, 
the credit for those excess defense articles shall be counted 
against the assessed contribution payable from that account, 
but only to the extent that the value of the excess defense 
articles so transferred for that operation during a fiscal year 
does not exceed the total United States assessed contribution 
payable for that operation from that account during that fiscal 
year. 
"(c) LIMITATIONS ON TRANSFERS.—^The President may transfer 
excess defense articles under this section only if— 
"(1) they are drawn from existing stocks of the Department 
of Defense (or the Coast Guard); 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 453 
"(2) funds available to the Department of Defense (or the 
Coast Guard) for the procurement of defense equipment are 
not expended in connection with the transfer; 
"(3) the transfer of the excess defense articles will not 
have an adverse impact on the military readiness of the United 
States; and 
"(4) the President has established procedures and require-
ments, comparable to those applicable under section 505 of 
this Act, to ensure that such excess defense articles will be 
used only for purposes that have been agreed to by the United 
States. 
"(d) NOTIFICATION TO CONGRESS.— 
President. 
"(1) IN GENERAL.—^The President shall notify the designated 
congressional committees regarding any transfer of excess 
defense articles under this section in accordance with paragraph 
(2). This notification shall include— 
"(A) a discussion of the need for the transfer; 
"(B) an assessment of the impact of the transfer on 
the military readiness of the United States; and 
"(C) a statement of— 
"(i) the acquisition cost and the value (as defined 
in section 644(mXl) of this Act) of the excess defense 
articles to be transferred, and 
"(ii) the aggregate acquisition cost and the aggre-
gate value (as so defined) of all excess defense articles 
for which notification has been provided under this 
subsection during that fiscal year with respect to trans-
fers to the same organization under this section. 
"(2) TIMING OF NOTICE.—<A) The President shall notifv 
the designated congressional committees pursuant to paragraph 
(1) at least 15 davs before the excess defense articles are 
transferred under tnis section, except as provided in subpara-
graph (B). 
"(B) If the President determines that an unforeseen emer-
gency requires the immediate transfer of excess defense articles 
under this section, the President— 
"(i) may waive the requirement of subparagraph (A) 
that notice be provided at least 15 days in advance of 
the transfer; ana 
"(ii) shall promptly notify the designated congressional 
committees of such waiver and transfer. 
"(3) DESIGNATED COMMITTEES.—AS used in this subsection, 
the term 'designated congressional committees' means the 
Committee on Foreign Affairs, the Committee on Armed Serv-
ices, and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations, the 
Committee on Armed Services, and the Committee on Appro-
priations of the Senate. 
"(e) TRANSPORTATION AND RELATED COSTS.— 
"(1) IN GENERAL.—^Except as provided in paragraph (2), 
funds available to the Department of Defense shall not be 
expended for crating, packing, handling, and transporting 
excess defense articles transferred under the authority of this 
section. 
"(2) EXCEPTION.—^Notwithstanding any other provision of 
law, the President may direct the crating, packing, handling, 
and transporting of excess defense articles without charge to 
108 STAT. 454 
PUBLIC LAW 103-236—APR. 30, 1994 
22 u s e 287e 
note. 
President. 
President. 
22 u s e 287e 
note. 
22 u s e 287e 
note. 
an international or regional organization if the President deter-
mines that waiving such costs advances the foreign policy 
interests of the United States. 
"(f) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF D O D 
EXPENSES.—Section 632(d) shall not apply with respect to transfers 
of excess defense articles under this section and to any costs of 
crating, packing, handling, and transporting incurred under sub-
section (eX2).*'. 
SEC. 409. REFOBM IN BUDGET DECISIONMAKING PROCEDURES OF 
THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES. 
(a) 
ASSESSED 
CONTRIBUTIONS.—For assessed 
contributions 
authorized to be appropriated for "Assessed Contributions to Inter-
national Organizations" by this Act, the President may withhold 
20 percent of the fimds appropriated for the United States assessed 
contribution to the United Nations or to any of its specialized 
agencies for any calendar year if the United Nations or any such 
agency has failed to implement or to continue to implement consen-
sus-based decisionmaking procedures on budgetary matters which 
assure that sufficient attention is paid to the views of the United 
States and other member states that are the major financial 
contributors to such assessed budgets. 
(b) NOTICE TO CONGRESS.—The President shall notify the Con-
gress when a decision is made to withhold any share of the United 
States assessed contribution to the United Nations or its specialized 
agencies pursuant to subsection (a) and shall notify the Congress 
when the decision is made to pay any previously withheld assessed 
contribution. A notification under this subsection shall include 
appropriate consultation between the President (or the President's 
representative) and the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Relations of the 
Senate. 
(c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to the availabil-
ity of appropriations, payment of assessed contributions for prior 
years may be made to the United Nations or any of its specialized 
agencies notwithstanding subsection (a) if such payment would 
further United States interests in that organization. 
(d) REPORT TO CONGRESS.—Not later than February 1 of each 
year, the President shall submit to the Congress a report concerning 
the amount of United States assessed contributions paid to the 
United Nations and each of its specialized agencies during-the 
preceding calendar year. 
(e) REPEAL OF EXISTING LAW.—Section 162 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1992 and 1993 is amended 
by striking subsections (a), (b), (c), and (d). 
S E C 410. LIMITATION ON CONTRIBUTIONS TO THE UNITED NATIONS 
AND AFFILIATED ORGANIZATIONS. 
The United States shall not make any voluntary or assessed 
contribution— 
(1) to any affiliated organization of the United Nations 
which grants full membership as a state to any organization 
or group that does not have the internationally recognized 
attributes of statehood, or 
(2) to the United Nations, if the United Nations grants 
full membership as a state in the United Nations to any 
organization or group that does not have the internationally 
recognized attributes of statehood. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 455 
during any period in which such membership is effective. 
SEC. 411. UNITED NATIONS SECURTIY COUNCIL MEMBERSHIP. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) The effectiveness of the United Nations Security Council 
in maintaining international peace and security depends on 
its being representative of the membership of the United 
Nations. 
(2) The requirement of equitable geographic distribution 
in Article 23 of the United Nations Charter requires that the 
members of the Security Council of the United Nations be 
chosen by nondiscriminatory means. 
(3) The use of informal regional groups of the General 
Assembly as the sole means for election of the nonpermanent 
members of the Security Council is inherently discriminatory 
in the absence of guarantees that all member states will have 
the opportunity to join a regional group, and has resulted 
in discrimination agsdnst Israel. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the President should direct the Secretary of State to request the 
Secretary General of the United Nations to seek immediate resolu-
tion of the problem described in this section. The President shall President. 
inform the Congress of any progress in resolving this situation, 
together with the submission to Congress of the request for funding 
for the "Contributions to International Organizations" account of 
the Department of Stete for the fiscal year 1995. 
SEC. 412. REFORMS IN THE WORLD HEALTH ORGANIZATION. 
(a) SENSE OF THE CONGRESS.—^It is the sense of the Congress 
that United Stetes contributions to the World Health Organization 
(WHO) should be utiUzed in the most effective and efficient manner 
possible, particularly for the reduction of diseases and disabilities 
in developing coimtries. 
(b) POLICY.—The President shall direct the United Stetes rep- President, 
resentatives to the World Health Assembly, the Executive Board, 
and the World Health Organization to monitor the activities of 
the World Health Organization to ensure that such organizations 
achieve— 
(1) the timely implementation of reforms and management 
improvemente, including those outlined in the resolutions of 
the 46th World Health Assembly related to the external Auditor 
(WHA 46.21), the Report of the Executive Board on the WHO 
Response to Global Change (WHA 46.16) and actions for Budg-
etary Reform (WHA 46.35); and 
(2) the effective and efiEicient utilization and monitoring 
of resources, including— 
(A) the determination of strategic and financial prior-
ities; and 
(B) the esteblishment of realistic and measurable tar-
gete in accordance with the esteblished health priorities. 
SEC. 
413. 
REFORMS 
IN 
THE 
FOOD 
AND 
AGRICULTURE 
ORGANIZATION. 
In light of the longstending efforte of the United Stetes and 
the other major donor nations to reform the Food and Agriculture 
Organization (FAO) and the findings of the ongoing investigation 
of the General Accounting Office, the Congress makes the following 
declarations: 
79-194 O—95—16 : QL 3 Part 1 
108 STAT. 456 
PUBLIC LAW 103-236—APR. 30, 1994 
(1) It should be the policy of the United States to promote 
the following reforms in the Food and Agriculture Organization: 
(A) Decentralization of the administrative structure 
of FAO, including eliminating redimdant or imnecessary 
headquarters stan, increased responsibilities of regional 
offices, increased time for consideration of budget issues 
by member states, and a more mecmingful and direct role 
for member states in the decisionmaking process. 
(B) Reform of the FAO Council, including formation 
of an executive management committee to provide oversight 
of management. 
(C) Limitation of the term of the Director General 
and the number of terms which an individual may serve. 
(D) Restructuring of the Technical Cooperation 
Program (TCP), including reducing the number of non-
emergency projects funded through the TCP and establish-
ing procedures to deploy TCP consultants, supplies, and 
equipment in a timely manner. 
(2) In an effort to increase the presence of United States 
personnel at the intemationed food agencies and to enhance 
the professionalism of these institutions, it should be the policy 
of the United States, to the maximum extent practicable, to 
utilize existing personnel programs such as the United States 
Department of Agriculture Associate Professional OfiKcer pro-
gram to place United States personnel with unique skills in 
the Food and Agriculture Organization, the International Fund 
for Agricultural Development, and the World Food Program. 
SEC. 414. SENSE 
OF 
CONGRESS 
REGARDING 
ADHERENCE 
TO 
UNITED 
NATIONS 
CHARTER. 
It is the sense of the Congress that— 
(1) the President should seek an assurance from the Sec-
retary General of the United Nations that the United Nations 
will comply with Article 100 of the United Nations Charter; 
(2) neither the Secretary General of the United Nations 
nor his staff should seek or receive instructions from any 
government or from any other authority external to the United 
Nations; and 
(3) the President should report to Congress when he 
receives such assurance from the Secretary General of the 
United Nations. 
22 use 287b 
SEC. 415. DESIGNATED CONGRESSIONAL COMMITTEES. 
'^°*" 
For purposes of this part, the term "designated congressional 
committees" means the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate and the Committee 
on Appropriations and the Committee on Foreign Affairs of the 
House of Representatives. 
PART B—GENERAL PROVISIONS AND OTHER 
INTERNATIONAL ORGANIZATIONS 
SEC. 421. AGREEMENT ON STATE AND LOCAL TAXATION. 
The President is authorized to bring into force for the United 
States the Agreement on State and Local Taxation of Foreign 
Employees of Public International Organizations, which was signed 
by the United States on April 21,1992, except that, notwithstanding 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 457 
the provisions of Article l.B of such Agreement, such Agreement 
shall not require any refimds of monies paid with respect to tax 
years ending on or before December 31,1993. 
SEC. 422. CONFERENCE ON SECURITY AND COOPERATION IN EUROPE. 
The President is authorized to implement, for the United States, 
the provisions of Annex 1 of the Decision concerning Legal Capacity 
and Privileges and Immunities, issued by the Council of Ministers 
of the Conference on Security and Cooperation in Europe on Decem-
ber 1,1993, in accordance with the terms of that Annex. 
SEC. 423. INTERNATIONAL BOUNDARY AND WATER COMMISSION. 
(a) AUTHORIZATION TO RECEIVE PAYMENTS.—Section 2 of 
the 
American-Mexican Chamizal Convention Act of 1964 (Public Law 
88-300; 22 U.S.C. 277d-18) is amended— 
(1) by inserting "(a)" before "The"; and 
(2) by adding at the end the following new subsections: 
"(b) The United States Commissioner is authorized to receive 
payments of money from public or private sources in the United 
States or Mexico made for the purpose of sharing in the cost 
of replacement of the Bridge of the Americas which crosses the 
Rio (jrande between El Paso, Texas, and Cd. Juarez, Chihuahua. 
Notwithstanding any other provision of law, such payments of 
money shall be credited to any appropriation to the Commission 
which is currently available. Funds received under this subsection 
shall be available only for the replacement of such bridge. 
"(c) The authority of subsection (b) may be exercised only to 
the extent or in such amounts as are provided in advance in 
appropriation Acts.". 
(b) EXPENDITURES FOR WATER POLLUTION PROBLEMS.—Title I 
of the Act of June 20, 1956 (70 Stat. 302, 22 U.S.C. 277d-12), 
is amended in the fourth undesignated paragraph under the heading 
"INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES 
AND MEXICO" by striking "Tijuana Rivers," and all that follows 
before the period and inserting "Tijuana Rivers, or other streams 
running across or near the boundary, and for taking emergency 
actions, consistent with the emergency provisions of the Safe Drink-
ing Water Act, to protect against health threatening surface and 
f round water pollution problems along the United States-Mexico 
o u n d a ^ . 
(c) FALCON AND A M I S T A D D A M S MAINTENANCE FUND.—Section 
2 of the Act of June 18, 1954 (68 Stat. 255, as amended by the 
Act of December 23, 1963, 77 Stat. 475) is amended to read as 
follows: 
"SEC. 2. (a) A separate fund, known as the 'Falcon and Amistad 
Operating and Maintenance Fimd' (hereinafter referred to as the 
'Maintenance Fimd'), shall be created in the Treasury of the United 
States. The Maintenance Fund shall be administered by the 
Administrator of the Western Area Power Administration for use 
by the Commissioner of the United States Section of the Inter-
national Boundary and Water Commission to defray operation, 
maintenance, and emergency costs for the hydroelectric facilities 
at the Falcon and Amistad Dams. 
"(b) All revenues collected in connection with the disposition 
of electric power generated at the Falcon and Amistad Dams, except 
those revenues paid pursuant to subsection (d) to the general fund 
of the Treasury of the United States, shall be credited to the 
Maintenance Fund and shall remain available until expended for 
108 STAT. 458 
PUBLIC LAW 103-236—APR. 30, 1994 
defraying operation, maintenance, and emergency costs for the 
hydroelectric facilities at the dams. 
"(c) The authority of subsection (h) may be exercised only to 
the eictent or in such amounts as are provided in advance in 
appropriation Acts. 
"(d) Revenues in the Maintenance Fund in excess of operation, 
maintenance, and emergency needs shall be paid annually to the 
general fund of the Tr^ury of the United States to return the 
costs of replacements and the original investments, with interest. 
"(e) All moneys received from the Government of Mexico for 
an^ energy which might be deUvered to that Government by the 
United States Section of the International Boundary and Water 
Commission pursucmt to any special agreement concluded in accord-
ance with Article 19 of the said Treaty sh£dl be credited to the 
general fund of the Treasury of the United States.". 
SEC. 424. UNITED STATES BfEMBERSHIP IN THE ASIAN-PACIFIC ECO-
NOMIC COOPERATION ORGANIZATION. 
(a) UNITED STATES MEMBERSHIP.—^The President is authorized 
to maintain membership of the United States in the Asian-Pacific 
Economic Cooperation (APEC). 
(b) PAYMENT OF ASSESSED CONTRIBUTIONS.—For fiscal year 
1994 and for each fiscal year thereafter, the United States assessed 
contributions to APEC may be paid from funds appropriated for 
"Contributions to International Organizations". 
SEC. 425. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL COP-
PER STUDY GROUP. 
(a) UNITED STATES MEMBERSHIP.—The President is authorized 
to accept the Terms of Reference of and maintain membership 
of the United States in the International Copper Study Group 
(ICSG). 
(b) PAYMENTS OF ASSESSED CONTRIBUTIONS.—For fiscal year 
1995 and thereafter the United States assessed contributions to 
the ICSG may be paid from funds appropriated for "Contributions 
to International Organizations". 
22 use 288f-4. 
SEC. 426. EXTENSION OF THE INTERNATIONAL ORGANIZATIONS 
IBfMUNmES ACT TO THE INTERNATIONAL UNION FOR 
CONSERVATION OF NATURE AND NATURAL RESOURCES. 
The International Organizations Immimities Act (22 U.S.C. 
288 et seq.) is amended by adding at the end the following new 
section: 
"SEC. 14. The International Union for Conservation of Nature 
and Natural Resources shall be considered to be an international 
organization for the purposes of this title and may be extended 
the provisions of this title in the same manner, to the same extent, 
and subiect to the same conditions, as such provisions may be 
extended to a public international organization in which the United 
States participates pursuant to any treaty or under the authority 
of any Act o
f
^ Congress authorizing such p£u*ticipation or making 
an appropriation for such participation.". 
SEC. 427. ENTER-AMERICAN ORGANIZATIONS. 
Taking into consideration the long-term commitment by the 
United States to the affairs of this Hemisphere and the need to 
build further upon the linkages between the United States and 
its neighbors, it is the sense of the Congress that the Secretary 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 459 
of State, in allocating the level of resources for international 
organizations, should pay particular attention to funding levels 
of the Inter-American organizations. 
SEC. 428. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL 
COFFEE ORGANIZATION. 
None of the funds authorized to be appropriated by this Act 
may be used to fund any United States contribution to the Inter-
national Coffee Organization. 
SEC. 429. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL 
JUTE ORGANIZATION. 
None of the funds authorized to be appropriated by this Act 
may be used to fund any United States contribution to the Inter-
national Jute Organization. 
SEC. 430. MIGRATION AND REFUGEE AMENDMENTS. 
(a) MIGRATION AND REFUGEE ASSISTANCE ACT AMENDMENTS.— 
The Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) 
is amended— 
(1) in section 2 by striking "the Intergovernmental Commit- 22 use 2601. 
tee for European Migration" and insertmg "the International 
Organization for Migration" each place it appears; 
(2) in section 2(a) by striking Hhe Committee" and inserting 
"the Organization" each place it appears; 
(3) m the first sentence of section 2(a) by inserting before 
the period ", as amended in Geneva, Switzerland, on May 
20,1987"; and 
(4) in section 2(cX2), by striking "$50,000,000" and inserting 
"$100,000,000". 
(b) PUBUC LAW 100-204.—Section 745 of Public Law 100-
204 (22 U.S.C. 2601 note) is repealed. 
SEC. 431. WITHHOLDING OF UNITED STATES CONTRIBUTIONS FOR 
CERTAIN PROGRAMS OF INTERNATIONAL ORGANIZA-
TIONS. 
(a) WITHHOLDING OF UNITED STATES CONTRIBUTIONS FOR CER-
TAIN PROGRAMS OF INTERNATIONAL ORGANIZATIONS.—Section 307 
of the Foreign Assistance Act of 1961 is amended— 
22 use 2227. 
(1) in subsection (a) by striking "the South-West Africa 
People's Organization" and inserting "Burma, Iraq, North 
Korea, S)rria ; and 
(2) by inserting after subsection (b) the following: 
"(c) The limitations of subsection (a) shall not apply to contribu-
tions to the International Atomic Energy Agency or the United 
Nations Children's Fund (UNICEF).". 
(b) UNITED NATIONS DEVELOPMENT PROGRAM.— 
(1) Except as provided in paragraphs (2) and (3), for fiscal 
years 1994 and 1995 none of the funds made available for 
United Nations Development Program or United Nations Devel-
opment Program—^Administered Funds shall be available for 
programs and activities in or for Burma. 
(2) Of the funds made available for United Nations Develop-
ment Program and United Nations Development Program— 
Administered Funds for fiscal year 1994, $11,000,000 may be 
available only if the President certifies to the Congress that 
tiie United Nations Development Program's progrcuns and 
activities in or for Burma promote the ei\joyment of intemation-
108 STAT. 460 
PUBLIC LAW 103-236—APR. 30, 1994 
ally guaranteed human rights in Burma and do not benefit 
the State Law and Order Restoration Ck>uncil (SLORC) military 
regime. 
(3) Of the funds made available for United Nations Develop-
ment Program and United Nations Development Program— 
Administered Funds for fiscal year 1995, $27,600,000 may 
be available only if the President certifies to the Congress 
thal^ 
(A) the United Nations Development Program has 
approved or initiated no new programs and no new fiinding 
for existing programs in or for Burma since the United 
Nations Development Program Governing Council (Execu-
tive Board) meeting of 
June 1993, 
(B) such programs address unforeseen urgent humani-
tarian concerns, or 
(C) a democratically elected government in Burma has 
agreed to such programs. 
TITLE V—FOREIGN POLICY 
PART A—GENERAL PROVISIONS 
22 use 2601 
SEC. SOI. UNITED STATES POUCY CONCERNING OVERSEAS ASSIST-
^°^- 
ANCE TO REFUGEES AND DISPLACED PERSONS. 
(a) STANDARDS FOR REFUGEE WOMEN AND CHILDREN.—The 
United States Government, in providing for overseas assistance 
and protection of refugees and displaced persons, shall seek to 
address the protection and provision of basic needs of refugee 
women and children who represent 80 percent of the world's refugee 
population. As called for in the 1991 United Nations High Commis-
sioner for Refugees (UNHCR) "Guidelines on the Protection of Refu-
gee Women", whether directly, or through international organiza-
tions and nongovernmental voluntary organizations, the Secretary 
of State shall seek to ensure— 
(1) specific attention on the part of the United Nations 
and reliei organizations to recruit and employ femcde protection 
officers; 
(2) implementation of gender awareness training for field 
staff including, but not limited to, security personnel; 
(3) the protection of refugee women £md children from 
violence and other abuses on the part of governments or insur-
gent groups; 
(4) full involvement of women refugees in the planning 
and implementation of (A) the delivery of services and assist-
ance, and (B) the repatriation process; 
(5) incorporation of maternal and child health needs into 
refugee health services and education, specifically to include 
education on and access to services in reproductive health and 
birth spacing; 
(6) the availability of counseling and other services, griev-
ance processes, and protective services to victims of violence 
and abuse, including but not limited to rape and domestic 
violence; 
(7) the provision of educational programs, particularly lit-
eracy £uid numeracy, vocational and income-generation skills 
training, and other training efforts promoting self-sufficiency^ 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 461 
for refugee women, with special emphasis on women heads 
of household; 
(8) education for all refugee children, ensuring equal access 
for girls, and special services and family tracing for unaccom-
panied refugee minors; 
(9) the collection of data that clearly enumerate age and 
gender so that appropriate health, education, and assistance 
programs can be planned; 
(10) the recruitment, hiring, and training of more women 
program professionals in the international humanitarian field; 
and 
(11) gender-awareness training for program staff of the 
United Nations High Commissioner for Refugees (UNHCR) and 
nongovernmental voluntaiy organizations on implementation 
of the 1991 UNHCR "Guidelines on the Protection of Refugee 
Women". 
(b) PROCEDURES.—^The Secretary of State should adopt specific 
procedures to ensure that all recipients of United States Govern-
ment refugee and migration assistance funds implement the stand-
ards outlined in subsection (a). 
(c) REQUIREMENTS FOR REFUGEE AND MIGRATION ASSISTANCE.— 
The Secretary of Stete, in providing migration and refugee assist-
ance, should support the protection efforts set forth under this 
section by raising at the highest levels of government the issue 
of abuses against refugee women and children by governments 
or insurgent groups that engage in, permit, or condone— 
(1) a pattern of gross violations of intemationsilly recog-
nized himian rights, such as torture or cruel, inhumane, or 
degrading treatment or punishment, prolonged detention with-
out charges, or other flagrant denial to life, liberty, and the 
security of person; 
(2) the blockage of humaniterian relief assistance; 
(3) gender-specific persecution such as systematic individ-
ual or mass rape, forced pregnancy, forced abortion, enforced 
prostitution, any form of indecent assault or act of violence 
against refugee women, girls, and children; or 
(4) continuing violations of the integrity of the person 
against refugee women and children on the part of armed 
insurgents, local security forces, or camp guards. 
(d) INVESTIGATION OF REPORTS.—^Upon receipt of credible 
reports of abuses under subsection (c), the Secretory of Stote should 
immediately investigate such reports through emergency fact-find-
ing missions or other means of investigating such reports and 
help identify appropriate remedial measures. 
(e) MULTILATERAL IMPLEMENTATION OF THE 1991 UNHCR 
"GuiDEUNES ON THE PROTECTION OF REFUGEE WOMEN".—The Sec-
retory of Stoto should work to ensure that multilatoral organiza-
tions fully incorporate the needs of refugee women and children 
into all elemente of refugee assistance programs and work to encour-
age other governments that provide remgee assistance to adopt 
refugee assistonce policies designed to encourage full implementa-
tion of the 1991 UNHCR's "Guidelines on the Protection of Refugee 
Women". 
SEC. 502. INTERPARLIAMENTARY EXCHANGES. 
(a) AUTHORIZATIONS OF APPROPRIATIONS.— 
(1) Section 2 of Public Law 86-420 is amended— 
22 USC 276i. 
108 STAT. 462 
PUBLIC LAW 103-236—APR. 30, 1994 
(A) by striking "$100,000" and inserting "$80,000"; and 
(B) by striking "$50,000" both places it appears and 
inserting '^$40,000. 
22 use 276e. 
(2) Section 2 of PubUc Law 86-42 is amended— 
(A) by striking "$60,000" and inserting "$70,000"; and 
(B) by striking "$25,000" both places it appears and 
inserting '^$35,000^ 
22 use 276 note. 
(b) DEPOSIT OF FUNDS IN INTEREST-BEARING ACCOUNTS.—Funds 
appropriated and disbursed pursuant to section 303 of Title III 
of Public Law 100-202 (101 Stat. 1329-23; 22 U.S.C. 276 note) 
are authorized to be deposited in interest-bearing accounts and 
any interest which accrues shall be deposited, periodically, in a 
miscellaneous account of the Treasury. 
SEC. 503. FOOD AS A HUMAN RIGHT. 
(a) THE RIGHT TO FOOD AND UNITED STATES FOREIGN POUCY.— 
(1) IN GENERAL.—^The United States should, in accordance 
with its international obligations and in keeping with the long-
standing humanitarian tradition of the United States, promote 
increased respect internationally for the rights to food and 
to medical care, including the protection of these rights with 
respect to civilians and noncombatants during times of armed 
conflict (such as through ensuring safe passage of relief supplies 
and access to impartial himianitarian relief organizations 
providing relief assistance). 
(2) RESPONSIBILITIES OF ASSISTANT SECRETARY OF STATE.— 
The responsibilities of the Assistant Secretary of State who 
is responsible for hiunan rights and humanitarian affairs shall 
incluae promoting increased respect internationally for the 
rights to food and to medical care m accordance with paragraph 
(1). 
(b) INTERNATIONAL EFFORT TO STRENGTHEN THE RIGHT TO 
FOOD.—It is the sense of the Congress that a msgor effort should 
be made to strengthen the right to food in international law to 
assure the access of all persons to adequate food supplies. 
SEC. 504. TRANSPARENCY IN ARMAMENTS. 
It is the sense of the Congress that— 
(1) no sale of any defense article or defense service should 
be made, no Ucense should be issued for the export of any 
defense article or defense service, and no agreement to transfer 
in any way any defense article or defense service should be 
made to any nation that does not fully furnish all pertinent 
data to the United Nations Register of Conventional Arms 
pursuant to United Nations Greneral Assembly Resolution 46/ 
36L by the reporting date specified by such register; 
(2) if a nation has not submitted the required information 
by the reporting date of a particular year, but subsequently 
submits notification to the United Nations that it intends to 
provide such information at the next reporting date, an agree-
ment may be negotiated with the nation or a license may 
be issued, but the actual delivery of such defense article or 
service should not occur until that nation submits such informa-
tion; and 
(3) the President should seek to restart the United Nations 
Security Council "Perm-5" telks and should report to the Con-
gress on the progress of such talks and the effects of United 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 463 
States agreements since October 1991 to sell arras to the devel-
oping world. 
SEC. 505. SENSE OF THE SENATE CONCERNING INSPECTOR GENERAL 
ACT. 
It is the sense of the Senate that— 
(1) there is a growing concern among some of the Members 
of this body that the unlimited terms of Ofilce of Inspectors 
Greneral in Federal agencies may be undesirable, therefore 
(2) the issue of amending the Inspector General Act to 
establish term limits for Inspectors General should be examined 
and considered as soon as possible by the appropriate commit-
tees of jurisdiction. 
SEC. 506. TORTURE CONVENTION IMPLEMENTATION. 
(a) IN GENERAL.—Part I of title 18, United States Code, is 
amended by inserting after chapter 113A the following new chapter: 
"CHAPTER 113B—TORTURE 
"Sec. 
"2340. Definitions. 
"2340A. Torture. 
"2340B. Exclusive remedies. 
"SEC. 2340. DEFINITIONS. 
"As used in this chapter— 
"(1) 'torture' means an act committed by a person acting 
under the color of law specifically intendea to inflict severe 
physical or mental pain or suffering (other than pain or suffer-
ing incidental to lawful sanctions) upon another person with 
custody or physical control; 
"(2) 'severe mental pain or suffering* means the prolonged 
mental harm caused by or resulting from— 
"(A) the intentional infliction or threatened infliction 
of severe physical pain or suffering; 
"(B) the administration or application, or threatened 
administration or application, of mind-altering substances 
or other procedures calculated to disrupt profoundly the 
senses or the personality; 
"(C) the threat of imminent death; or 
"(D) the threat that another person will imminently 
be subjected to death, severe physical pain or suffering, 
or the administration or application of mind-altering sub-
stances or other procedures calculated to disrupt profoundly 
the senses or personality; and 
"(3) *United States* includes all areas under the jurisdiction 
of the United States including any of the places described 
in sections 5 and 7 of this title and section 101(38) of the 
Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38)). 
"SEC. 2340A. TORTURE. 
"(a) OFFENSE.—^Whoever outside the United States commits 
or attempts to commit torture shall be fined under this title or 
imprisoned not more than 20 years, or both, and if death results 
to any person from conduct prohibited by this subsection, shall 
be imprisoned for any term of years or for life. 
"(b) JURISDICTION.—^There is jurisdiction over the activity 
prohibited in subsection (a) i
f
-
— 
X 
108 STAT. 464 
PUBLIC LAW 103-236—APR. 30, 1994 
"(1) the alleged offender is a national of the United States; 
or 
"(2) the alleged offender is present in the United States, 
irrespective of the nationality of the victim or alleged offender. 
'^EC. 2340B. EXCLUSIVE REMEDIES. 
"Nothing in this chapter shall be construed as precluding the 
application of State or local laws on the same subject, nor shall 
anything in this chapter be construed as creating any substantive 
or procedural right enforceable by law by any party in any civil 
proceeding.". 
(b) TECHNICAL AMENDMENT.—The part analysis for part I of 
title 18, United States Code, is amended by inserting after the 
item relating to chapter 113A the following new item: 
«1I3B. Torture 
2340.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 
shall take effect on the later of— 
(1) the date of enactment of this Act; or 
(2) the date on which the United States has become a 
party to the Convention Against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment. 
SEC 507. UNITED STATES POUCY CONCERNING IRAQ. 
(a) PouCY.—It is the sense of the Congress that the President 
should— 
(1) take steps to encourage the United Nations Security 
Council— 
(A) to reaffirm support for the protection of all Iraqi 
Kurdish and other minorities pursuant to Security Council 
Resolution 688; 
(B) to maintain the United Nations embargo on the 
Iraqi regime until Iraq complies with all relevant Security 
Coimcil resolutions; 
(C) to consider lifting selectively the United Nations 
embargo on the areas imder the administration of the 
democratically-elected leadership of Iraqi Kurdistan, sub-
ject to the verifiable conditions that— 
(i) the inhabitants of such areas do not conduct 
trade with the Iraqi regime, and 
(ii) the partial lifting of the embargo will not mate-
rially assist the Iraqi regime; 
(D) to consider extending international protection, 
including the establishment of a safe haven, to the marsh 
Arabs in southern Iraq; and 
(E) to pursue international judgments against Iraqi 
officials responsible for war crimes and crimes against 
humanity, based upon documentary evidence obtained from 
Iraqi and other sources; 
(2) continue to advocate the maintenance of Iraq's terri-
torial integrity and the transition to a unified, democratic Iraq; 
(3) take steps to encourage the provision of humanitarian 
assistance for the people fleeing from the marshes in southern 
Iraq; 
(4) design a multilateral assistance program for the people 
of Iraqi Kurdistan to support their drive for self-sufficiency; 
and 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 465 
(5) take steps to intensify discussions with the Government 
of Turkey, whose support and cooperation in the protection 
of the people of Iraqi Kurdistan is critical, to ensure that 
the stability of both Turkey and the entire region are enhanced 
by the measures taken under this section. 
SEC. 608. HIGH-LEVEL VISITS TO TAIWAN. 
It is the sense of the Congress that— 
(1) the President should be commended for meeting vdth 
Taiwan's Minister of Economic Affairs during the Asia-Pacific 
Economic Cooperation Conference in Seattle; 
(2) the President should send Cabinet-level appointees to 
Taiwan to promote United States interests and to ensure the 
continued success of United States business in Taiwan; and 
(3) in addition to Cabinet-level visits, the President should 
take steps to show clear United States support for Taiwan 
both in our bilateral relationship and in multilateral organiza-
tions of which the United States is a member. 
SEC. 
609. 
TRANSFER OF 
CERTAIN 
OBSOLETE 
OR SURPLUS 
DEFENSE 
ARTICLES 
IN 
THE 
WAR RESERVE 
ALLIES 
STOCKPILE 
TO 
THE 
REPUBLIC 
OF 
KOREA. 
(a) AUTHORITY.—(1) Notwithstanding section 514 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 232 Ih), the President is author-
ized to transfer to the Republic of Korea, in return for concessions 
to be negotiated by the Secretary of Defense, with the concurrence 
of the Secretary of State, any or all of the items described in 
paragraph (2). 
(2) The items referred to in paragraph (1) are equipment, 
tanks, weapons, repair parts, and ammunition that— 
(A) are obsolete or surplus items; 
(B) are in the inventory of the Department of Defense; 
(C) are intended for use as reserve stocks for the Republic 
of Korea; and 
(D) as of the date of enactment of this Act, are located 
in a stockpile in the Republic of Korea. 
(b) CONCESSIONS.—^The value of the concessions negotiated 
pursuant to subsection (a) shall be at least equal to the fair market 
value of the items transferred. The concessions may include cash 
compensation, services, waiver of charges otherwise payable by 
the United States, and other items of value. 
(c) ADVANCE NOTIFICATION OF TRANSFER.—Not leSS than 30 
President. 
days before making a transfer under the authority of this section, 
the President shall transmit to the Committee on Foreign Relations 
of the Senate, the Committee on Foreign Affairs of the House 
of Representatives, and the congressional defense committees a 
notification of the proposed transfer. The notification shall identify 
the items to be transferred and the concessions to be received. 
(d) EXPIRATION OF AUTHORITY.—^No transfer may be made 
under the authority of this section more than two years after 
the date of the enactment of this Act. 
SEC. 610. EXTENSION OF THE FAIR TRADE IN AUTO PARTS ACT OF 
1988. 
(a) IN GENERAL.—Section 2125 of the Fair Trade in Auto Parts 
Act of 1988 (15 U.S.C. 4704) is amended by striking "1993" and 
inserting "1998". 
108 STAT. 466 
PUBLIC LAW 103-236—APR. 30, 1994 
15 use 4704 
(b) EFFECTIVE DATE.—^The amendment made by this section 
"°*® 
shall take effect on December 30,1993. 
President. 
SEC. 611. REPORT ON THE USE OF FOREIGN FROZEN OR BLOCKED 
Haiti. 
ASSETS. 
Iraq. 
Iran. 
Not later than 60 davs after the date of enactment of this 
Act, the President shall submit to the Committee on Foreign Rela-
tions of the Senate and the Committee on Foreign Affairs of the 
House of Representatives a report containing a detailed accounting 
analysis and justification for all expenditures made from the assets 
of foreign governments that have been frozen or blocked by the 
United States Government, including expenditures from frozen or 
blocked assets of Haiti, Iraq, and Iran. 
SEC. 512. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS. 
The Foreign Operations, Export Financing, and Related Pro-
grams 
Appropriations 
Act, 
1990 (Public Law 
101-167), 
is 
amended— 
(1) in section 599D (8 U.S.C. 1157 note)— 
(A) in subsection (b)(3), by striking "1993 and 1994" 
and inserting "1993,1994,1995, and 1996"; and 
(B) in subsection (e), by striking out "October 1, 1994" 
each place it appears and inserting in lieu thereof "October 
1,1996"; and 
(2) in section 599E (8 U.S.C. 1255 note) in subsection 
(bX2), by striking out "September 30, 1994" and inserting in 
lieu thereof "September 30,1996". 
SEC. 513. POUCY REGARDING THE CONDITIONS WHICH THE GOVERN-
MENT OF THE PEOPLE'S REPUBUC OF CHINA SHOULD 
MEET TO CONTINUE TO RECEIVE NONDISCRIMINATORY 
MOST-FAVORED-NATION TREATMENT. 
(a) FINDINGS.—^The Senate makes the following findings: 
(1) In an Executive Order of May 28, 1993, the President 
established conditions for renewal of 
most-favored-nation 
(MFN) status for the People's Republic of China in 1994. 
(2) The Executive Order requires that in making a rec-
ommendation about the further extension of MFN status to 
China, the Secretary of State shall not recommend extension 
unless the Secretary determines that— 
(A) extension will substantially promote the freedom 
of emigration objectives of section 402 of the Trade Act 
of 1974; and 
(B) China is complying with the 1992 bilateral agree-
ment between the United States and China concerning 
prison labor. 
(3) The Executive Order further requires that in making 
a recommendation, the Secretaiy of State shall determine 
whether China has made overall, significant progress with 
respect to— 
(A) taking steps to begin adhering to the Universal 
Declaration of Human Rights; 
(B) releasing and providing an acceptable accounting 
for Chinese citizens imprisoned or detained for the non-
violent expression of their political and religious beliefs, 
including such expression of religious beliefs in connection 
with the Democracy Wall and Tiananmen Square move-
ments; 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 467 
(C) ensuring humane treatment of prisoners, such as 
by allowing access to prisons by international himianitarian 
and human rights organizations; 
(D) protecting Tibet's distinctive religious and cultural 
heritage; and 
(E) permitting international radio and television broad-
casts into China. 
(4) The Executive Order further requires the Executive 
Branch to resolutely pursue all legislative and executive actions 
to ensure that China abides by its commitments to follow 
fair, nondiscriminatory trade practices in dealing with United 
States businesses, and adheres to the Nuclear Nonproliferation 
Treaty, the Missile Technology Control Regime guidelines and 
parameters, and other nonproliferation commitments. 
(5) The Chinese government should cooperate with inter-
national efforts to obtain North Korea's full, imconditional 
compliance with the Nuclear Non-Proliferation TVeaty. 
(6) The President has initiated an intensive high-level dia-
logue with the Chinese government which began last year 
with a meeting between the Secretary of State and the Chinese 
Foreign Minister, including a meeting in Seattle between the 
President and the President of China, meetings in Beijing with 
the Secretary of the Treasury, the Assistant Secretary for 
Human Rights and others, a recent meeting in Paris between 
the Secretary of State and the Chinese Foreign Minister, and 
recent meetings in Washington with several Under Secretaries 
and their Chinese counterparts. 
(7) The President's efforts have led to some recent progress 
on some issues of concern to the United States. 
(8) Notwithstanding this, substantially more progress is 
needed to meet the standards in the President's Executive 
Order. 
(9) The Chinese government's overall human rights record 
in 1993 fell far short of internationally accepted norms as 
it continued to repress critics and failed to control abuses 
by its own security forces. 
(b) SENSE OF SENATE.—It is the sense of the Senate that 
the President of the United States should use all appropriate 
opportunities, in particular more high-level exchanges with the 
Chinese government, to press for further concrete progress toward 
meeting the standards for continuation of MFN status as contained 
in the Executive Order. 
SEC. 514. mPLEMENTATION OF PARTNERSHIP FOR PEACE. 
President. 
22 use 1928 
(a) 
REPORT 
TO CONGRESS.—The President 
shall 
submit note. 
annually, beginning 90 days after the date of enactment of this 
Act, a detailed report to the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs of the House 
of Representatives on the implementation of the "Partnership for 
Peace initiative, including an assessment of the progress made 
by former members of the Warsaw Treaty Organization in meeting 
the criteria for full membership articulated in Article 10 of the 
North Atlantic Treaty, wherein any other European state may, 
by imanimous agreement, be invited to accede to the North Atlantic 
TVeaty if it is in a position to further the principles of the Treaty 
and to contribute to the security of the North Atlantic area. 
108 STAT. 468 
PUBLIC LAW 103-236—APR. 30, 1994 
(b) AUTHORITY OF THE PRESIDENT.—^The President is authorized 
to confer, pursuant to agreement with any country eligible to partici-
pate in the Partnership for Peace, rights in respect of the militanr 
and related civiUan personnel (including dependents of any such 
personnel) and activities of that country in the United States com-
parable to the rights conferred by that country in respect of the 
military and r3lated civilian i>ersonnel (including dependents of 
any such persr)nnel) and activities of the Unitedf States in that 
country. 
SEC. 51S. POUCY TOWARD THAILAND, CAMBODIA, LAOS, AND BURMA. 
It is the sense of the Congress that— 
(1) the creation of a new Cambodian government through 
United Nations sponsored elections offers a unique opportunity 
for the revival of the Cambodian nation, an opportunity which 
the United States should help reaUze; 
(2) the President should enunciate a clear policy toward 
Burma and, in so doing, be guided by the approach in Senate 
Resolution 112; 
(3) the government and people of Thailand are to be com-
mended for Thailand's return to civilian, democratic rule, and 
for its contribution to the implementation of the Paris Peace 
Accords on Cambodia; 
(4) the President of the United States should convey to 
Thailand United States concern over the continued support 
for the Khmer Rouge by elements of the Thai military and 
to urge the Thai Government to intensify its efforts to terminate 
that support, in accordance with the Paris Peace Accords; 
(5) the Government of Thailand should continue to allow 
the democratic leaders of Burma to operate freely within Thai-
land and to grant them free passage to allow them to present 
their case at the United Nations and other international gather-
ings; 
(6) the President of the United States should urge the 
Government of Thailand to prosecute, with the full force of 
law, those responsible for the trafficking, forced labor, and 
physical and sexual abuse of women and ^Idren in Thailand, 
and to protect the civil and himian rights of Burmese women 
in Thailand and prevent their further victimization; and 
(7) the United States should work with the United Nations 
High Commissioner for Refugees, the (jrovemment of Thailand, 
and other relevant parties to ensure that the rights of asylum 
seekers in Thailand, and in psirticular the Hmong people from 
Laos, are fully respected and that force is not used in any 
repatriations. 
SEC. 518. PEACE PROCESS IN NORTHERN IRELAND. 
It is the sense of the Congress that the United States should— 
(1) strongly encourage all i}arties to the conflict in the 
North of Ireland to renounce violence and to participate in 
the current search for peace in the region; and 
(2) assist in furthering the peace process where appropriate. 
SEC. S17. SENSE OF THE SENATE ON THE ESTABUSHMENT OF AN 
INTERNATIONAL CRIMINAL COURT. 
(a) SENATE FINDINGS.—^The Senate makes the following find-
ings: 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 469 
(1) The freedom and security of the international commu-
nity rests on the sanctity of the rule of law. 
(2) The international community is increasingly threatened 
by unlawful acts such as war crimes, genocide, aggression, 
crimes against humanity, terrorism, drug trafficking, money 
laundering, and other crimes of an international character. 
(3) The prosecution of individuals suspected of canying 
out such acts is often impeded by political and legal obstacles 
such as amnesties, disputes over extradition, differences in 
the structure and capabilities of national courts, and the lack 
of uniform guidelines under which to try such individuals. 
(4) The war crimes trials held in the aftermath of World 
War II at Nuremberg, Germany, and Tokyo, Japan, dem-
onstrated that fair and effective prosecution of war criminals 
could be carried out in an international forum. 
(5) Since its inception in 1945 the United Nations has 
sought to build on the precedent established at the Nuremberg 
and Tokyo trials by establishing a permanent international 
criminal court with jurisdiction over crimes of an international 
character. 
(6) United Nations General Assembly Resolution 44/39, 
adopted on December 4, 1989, called on the International Law 
Commission to study the feasibility of an international criminal 
court. 
(7) In the years after passage of that resolution the Inter-
national Law Commission has taken a number of steps to 
advance the debate over such a court, including— 
(A) the provisional adoption of a draft Code of Crimes 
Against the Peace and Security of Mankind; 
(B) the creation of a Working Group on an Inter-
national Criminal Jurisdiction and the formulation by that 
Working Group of several concrete proposals for the 
establishment and operation of an international criminal 
court; and 
(C) the determination that an international criminal 
court along the lines of that suggested by the Working 
Group is feasible and that the logical next step would 
be to proceed with the formal drafting of a statute for 
such a court. 
(8) United Nations General Assembly Resolution 47/33, 
adopted on November 25, 1992, called on the International 
Law Commission to begin the process of drafting a statute 
for an international criminal court at its next session. 
(9) Given the developments of recent years, the time is 
propitious for the United States to lend its support to this 
effort. 
(b) SENSE OF THE SENATE.—It is the sense of the Senate that— 
(1) the establishment of an international criminal court 
with jurisdiction over crimes of an international character 
would greatly strengthen the international rule of law; 
(2) such a court would thereby serve the interests of the 
United States and the world community; and 
(3) the United States delegation should make every effort 
to advance this proposal at the United Nations. 
(c) REQUIRED REPORT.—^Not later than 14 days after the date President. 
of enactment of this Act the President shall submit to the Commit-
tee on Foreign Relations of the Senate a detailed report on develop-
108 STAT. 470 
PUBLIC LAW 103-236—APR. 30, 1994 
ments relating to, and United States efforts in support of, the 
establishment of an international criminal court with jurisdiction 
over crimes of an international character. 
SEC. 518. INTERNATIONAL CRIMINAL COURT PARTICIPATION. 
The United States Senate will not consent to the ratification 
of a treaty providing for United States participation in an inter-
national criminal court with jurisdiction over crimes of an inter-
national nature which permits representatives of any terrorist 
organization, including but not limited to the Palestine Liberation 
Organization, or citizens, nationals or residents of any country 
listed by the Secretary of State under section 6(j) of the Export 
Administration Act of 1979 as having repeatedly provided support 
for acts of international terrorism, to sit in judgement on American 
citizens. 
SEC. 519. PROTECTION OF FIRST AND FOURTH AMENDMENT RIGHTS. 
The United States Senate will not consent to the ratification 
of any Treaty providing for United States participation in an inter-
national criminal court with jurisdiction over crimes of an inter-
national character unless American citizens are guaranteed, in 
the terms establishing such a court, and in the court's operation, 
that the court will take no action infringing upon or diminishing 
their rights under the First and Fourth Amendments of the Con-
stitution of the United States, as interpreted by the United States. 
SEC. 520. POLICY ON TERMINATION 
OF UNITED STATES 
ARMS 
EMBARGO. 
(a) FINDINGS.—^The Congress makes the following findings: 
(1) On July 10, 1991, the United States adopted a policy 
suspending all licenses and other approvals to export or other-
wise transfer defense articles and defense services to Yugo-
slavia. 
(2) On September 25, 1991, the United Nations Security 
Council adopted Resolution 713, which imposed a mandatory 
international embargo on all deliveries of weapons and military 
equipment to Yugoslavia. 
(3) The United States considered the policy adopted July 
10, 1991, to comply fully with Resolution 713 and therefore 
took no additional action in response to that resolution. 
(4) On January 8, 1992, the United Nations Security Coun-
cil adopted Resolution 727, which decided that the mandatory 
arms embargo imposed by Resolution 713 should applv to an^ 
independent states that might thereafter emerge on the terri-
tory of Yugoslavia. 
(5) On February 29 and March 1, 1992, the people of 
Bosnia and Herzegovina voted in a referendum to declare 
independence from Yugoslavia. 
(6) On April 7, 1992, the United States recognized the 
Government of Bosnia and Herzegovina. 
(7) On May 22, 1992, the Government of Bosnia and 
Herzegovina was admitted to full membership in the United 
Nations. 
(8) Consistent with Resolution 727, the United States has 
continued to apply the policy adopted July 10, 1991, to 
independent states that have emerged on the territory of the 
former Yugoslavia, including Bosnia and Herzegovina. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 471 
(9) Subsequent to the adoption of Resolution 727 and 
Bosnia and Herzegovina's independence referendum, the siege 
of Sareyevo began and fighting spread to other areas of Bosnia 
and Herzegovina. 
(10) I^e Government of Serbia intervened directly in the 
fighting by providing significant military, financial, and political 
support and direction to Serbian-allied irregular forces in 
Bosnia and Herzegovina. 
(11) In statements dated May 1 and May 12, 1992, the 
Conference on Security and Cooperation in Europe declared 
that the Government of Serbia and the Serbian-controlled Yugo-
slav National Army were committing aggression against uie 
(jrovemment of Bosnia and Herzegovina and assigned to them 
prime responsibility for the escalation of bloodshedand destruc-
tion. 
(12) On May 30, 1992, the United Nations Security Council 
adopted Resolution 757, which condemned the (jrovemment of 
Serbia for its continued failure to respect the territorial integ-
rity of Bosnia and Herzegovina. 
(13) Serbian-allied irregular forces have occupied approxi-
mately 70 percent of the territory of Bosnia and Herzegovina, 
committed gross violations of human rights in the areas they 
have occupied, and established a secessionist government 
committed to eventual unification with Serbia. 
(14) The military and other support and direction provided 
to Serbian-allied irregular forces m Bosnia and Herzegovina 
constitutes an armed attack on the Government of Bosnia and 
Herzegovina by the (government of Serbia within the meaning 
of Article 51 of the United Nations Charter. 
(15) Under Article 51, the (jovemment of Bosnia and 
Herzegovina, as a member of the United Nations, has an inher-
ent right of individual or collective self-defense against the 
armed attack fi*om the Government of Serbia until the United 
Nations Seoirity Council has taken measiu-es necessary to 
maintain international peace and security. 
(16) The measures taken by the United Nations Security 
Council in response to the armed attack on Bosnia and 
Herzegovina have not been adequate to maintain international 
peace and security. 
(17) Bosnia and Herzegovina have been unable successfiiUy 
to resist the armed attack firom Serbia because it lacks the 
means to counter heavy weaponry that Serbia obtained fi:t)m 
the Yugoslav National Army upon the dissolution of Yugoslavia, 
and b^ause the mandatory mtemational arms embargo has 
prevented Bosnia and Herzegovina from obtaining fi*om other 
countries the means to counter such heavy weaponry. 
(18) On December 18, 1992, with the afiirmative vote of 
the United States, the United Nations General Assembly 
adopted Resolution 47/121, which urged the United Nations 
Security Council to exempt Bosnia and Herzegovina firom the 
mandatory arms embargo imposed by Resolution 713. 
(19) In the absence of adequate measures to maintain 
international peace and security, continued application to the 
(3ovemment of Bosnia and Herzegovina of the mandatory inter-
national arms embargo imposed by the United Nations Security 
Council prior to the armed attack on Bosnia and Herzegovina 
undermines that government's right of individual or collective 
108 STAT. 472 
PUBLIC LAW 103-236—APR. 30, 1994 
self-defense and therefore contravenes Article 51 of the United 
Nations Charter. 
(20) Bosnia and Herzegovina's right of self-defense under 
Article 51 of the United Nations Charter includes the right 
to ask for military assistance from other countries and to receive 
such assistance if offered. 
(b) PoucY O
N TERMINATION OF ARMS EMBARGMD.—(1) It is the 
sense of the Congress that the President should terminate the 
United States arms embargo of the Government of Bosnia and 
Herzegovina upon receipt from that government of a request for 
assistance in exercising its right of self-defense under Article 51 
of the United Nations Charter. 
(2) As used in this subsection, the term 'United States arms 
embargo of the Government of Bosnia and Herzegovina" means 
the application to the Grovemment of Bosnia and Herzegovina o
f
— 
(A) the policy adopted July 10, 1991, and published in 
the Federal Register of July 19, 1991 (58 Fed. Reg. 33322) 
under the heading "Suspension of Munitions Export Licenses 
to Yugoslavia"; and 
(B) any similar policy being applied by the United States 
Government as of the date of receipt of the request described 
in subsection (a) pursuant to which approval is routinely denied 
for transfers of defense articles and defense services to the 
former Yugoslavia. 
(c) PoucY O
N MILITARY ASSISTANCE.—The President should 
provide appropriate military assistance to the (jrovemment of Bosnia 
and Herzegovina upon receipt from that government of a request 
for assistance in exercising its right of self-defense under Article 
51 of the United Nations Charter. 
SEC. 621. SENSE OF SENATE ON RELATIONS WITH VIETNAM. 
It is the sense of the Senate that— 
(1) the Government of the United States is committed 
to seeking the fullest possible accounting of American service-
men unaccounted for during the war in Vietnam; 
(2) cooperation by the Government of Vietnam on resolving 
the fate of those American servicemen unaccounted for has 
increased significantly over the last three years and is essential 
to the resolution of outstanding POW/MIA cases; 
(3) substantial and tangible progress has been made in 
the POW/MIA accounting process; 
(4) cooperative efforts between the United States and Viet-
nam should continue in order to resolve all outstanding ques-
tions concerning the fate of Americans missing-in-action; 
(5) United States senior military commanders and United 
States personnel working in the field to account for United 
States POW/MIAs in Vietnam believe that lifting the United 
States trade embargo against Vietnam will facilitate and accel-
erate the accoiuitin^ efforts; 
(6) therefore, m order to maintain and expand further 
United States and Vietnamese efforts to obtain the fullest pos-
sible accounting, the President should lift the United States 
trade embargo against Vietnam expeditiously; and 
(7) moveover, as the United States and Vietnam move 
toward normalization of relations, the Government of Vietnam 
should demonstrate further improvements in meeting inter-
nationally recognized standards of human rights. 
PUBLIC LAW 103-236-APR. 30,1994 
108 STAT. 473 
SEC. 522. REPORT ON SANCTIONS ON VIETNAM. 
President. 
Not later than 30 days after the date of enactment of this 
Act, the President shall submit a report, taking into account 
information available to the United States Government, to the 
Senate and the House of Representatives on achieving the fullest 
possible accoimting of United States personnel unaccounted for 
from the Vietnam War, including— 
(1) progress on recovering and repatriating American 
remains from Vietnam; 
^ 
(2) progress on resolution of discrepancy cases; 
(3) the status of Vietnamese cooperation in implementing 
trilateral investigations with Laos; and 
(4) progress on accelerated efforts to obtain all POW/MIA 
related documents from Vietnam. 
SEC. 523. REPORT ON PEOPLE'S MUJAHEDDIN OF IRAN. 
President. 
(a) REPORT.—^Not later than 180 days after the date of enact-
ment of this Act, the President shall submit to the Committee 
on Foreign AfTairs of the House of Representatives and the Commit-
tee on Foreign Relations of the Senate a report detailing the struc-
ture, current activities, external support, and history of the People's 
Mujaheddin of Iran. Such report shall include information on any 
current direct or indirect support by the People's Mujaheddin for 
acts of international terrorism. 
(b) CONSULTATION.—In compiling the report required under 
subsection (a), the President shall consult with the Secretary of 
State, the Secretary of Defense, the Attorney General, the Secretary 
of Transportation, the intelligence community, and such law 
enforcement agencies as may be appropriate. 
(c) CLASSIFICATION.—^The President should, to the maximum 
extent possible, submit the report required under subsection (a) 
in an unclassified form. 
SEC. 524. AMENDMENTS TO THE PLO COMMITMENTS COMPLIANCE 
ACT. 
The PLO Commitments Compliance Act of 1989 (title VIII 
of Public Law 101-246) is amended— 
(1) in section 804(b), by striking "Beginning 30 days after 
104 Stat. 78. 
the date of enactment of this Act, and every 120 days thereafter 
in which the dialogue between the United States and the PLO 
has not been discontinued", and inserting "In conjunction with 
each written policy justification required under section (3Xb)(l) 
of the Middle East Peace Facilitation Act of 1994 or every 
180 days,"; 
(2) in section 804(b)(1), by striking "regarding the cessation 
of terrorism and recognition of Israel's right to exist" and insert-
ing "and each of the commitments described in section (4)(A) 
of the Middle East Peace Facilitation Act of 1994 (Oslo commit-
ments)"; 
(3) in section 804(b)(2), by inserting "and Oslo" afl^r 
"Geneva"; 
(4) in section 802(8), by inserting "and on September 9, 104 Stat. 76. 
1993" after "1988"; 
(5) in section 802, by redesignating paragraph (8) as para-
graph (10); 
(6) by striking "and" at the end of section 802(7); and 
(7) by inserting after section 802(7) the following: 
108 STAT. 474 
PUBLIC LAW 103-236—APR. 30,1994 
"(8) the President, following an attempted terrorist attack 
upon a Tel Aviv beach on May 30, 1990, suspended the United 
States dialogue with the PLO; 
"(9) the President resumed the United States dialogue with 
the PLO in response to the commitments made by the PLO 
in letters to the Prime Minister of Israel and the Foreign 
Minister of Norway of September 9,1993; and". 
SEC. 525. FREE TRADE IN IDEAS. 
(a) SENSE OF CONGRESS.—^It is the sense of the Congress that 
the President should not restrict travel or exchanges for informa-
tional, educational, religious, cultural, or humanitarian purposes 
or for public performances or exhibitions, between the United States 
and any other country. 
(b) AMENDMENTS TO TRADING WITH THE ENEMY ACT.—(1) Sec-
tion 5(bX4) of the Trading With the Enemy Act (50 U.S.C. App. 
5(bX4)) is amended to read as follows: 
"(4) The authority granted to the President by this section 
does not include the authority to regulate or prohibit, directly 
or indirectly, the importation from any country, or the expor-
tation to any country, whether commercial or otherwise, regard-
less of format or medium of transmission, of any information 
or informational materials, including but not limited to, publica-
tions, films, posters, phonograph records, photographs, micro-
films, microfiche, tapes, compact disks, CD ROMs, artworks, 
and news wire feeds. The exports exempted from regulation 
or prohibition by this paragraph do not include those which 
are otherwise controlled for export under section 5 of the Export 
Administration Act of 1979, or imder section 6 of that Act 
to the extent that such controls promote the nonproliferation 
or antiterrorism policies of the United States, or with respect 
to which acts are prohibited by chapter 37 of title 18, United 
States Code.". 
50 use app. 5 
(2) The authorities conferred upon the President by section 
^°*®- 
5(b) of the Trading With the Enemy Act, which were being exercised 
with respect to a country on July 1, 1977, as a result of a national 
emergency declared by the President before such date, and are 
being exercised on the date of the enactment of this Act, do not 
include the authority to regulate or prohibit, directly or indirectly, 
any activity which, imder section 5(bX4) of the Trading With the 
Enemy Act, as amended by paragraph (1) of this subsection, may 
not be regulated or prohibited. 
(c) AMENDMENTS TO INTERNATIONAL EMERGENCY ECONOMIC 
POWERS ACT.— 
(1) Section 203(b) of the International Emergency Economic 
Powers Act (50 U.S.C. 1702(b)) is amended by striking para-
graph (3) and inserting the following new paragraphs: 
Exports and 
"(3) the importation from any country, or the exportation 
imports. 
^ jmy country, whether commercial or otherwise, regardless 
of format or medium of transmission, of any information or 
informational materials, including but not limited to, publica-
tions, films, posters, phonograph records, photographs, micro-
films, microfiche, tapes, compact disks, CD ROMs, artworks, 
and news wire feeds. The exports exempted from regulation 
or prohibition by this paragraph do not include those which 
are otherwise controlled for export luider section 5 of the Export 
Administration Act of 1979, or under section 6 of such Act 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 475 
to the extent that such controls promote the nonproliferation 
or antiterrorism policies of the United States, or with respect 
to which acts are prohibited by chapter 37 of title 18, United 
States Code; or 
"(4) any transactions ordinarily incident to travel to or 
from any countrv, including importation of accompanied bag-
gage for personal use, maintenance within any coimtry includ-
mg payment of living expenses and acquisition of goods or 
services for personal use, and arrangement or facilitation of 
such travel including nonscheduled air, sea, or land voyages.". 
(2) The amendments made by paragraph (1) to section 50 use 1702 
203(bX3) of the International Emergency Economic Powers Act ^^*^-
apply to actions taken by the President imder section 203 
of such Act before the date of enactment of this Act which 
are in effect on such date and to actions taken under such 
section on or after such date. 
(3) Section 203(bX4) of the International Emergency Eco- 50 USC 1702 
nomic Powers Act (as added by paragraph (1)) shall not apply ^
°
*
®
-
to restrictions on the transactions and activities described in 
section 203(bX4) in force on the date of enactment of this 
Act, with respect to countries embargoed under the Inter-
national Emergency Economic Powers Act on the date of enact-
ment of this Act. 
SEC. 626. EMBARGO AGAINST CUBA. 
It is the sense of the Congress that the President should advo-
cate and seek a mandatory international United Nations Security 
Council embargo against the dictatorship of Cuba. 
SEC. 627. EXPROPRIATION OF UNITED STATES PROPERTY. 
22 USC 2370a. 
(a) PROHIBITION.—^None of the funds made available to carry 
out this Act, the Foreign Assistance Act of 1961, or the Arms 
Export Control Act may be provided to a government or any agency 
or instrumentality thereof, if the government of such country (other 
than a coimtry described if subsection (d))— 
(1) has on or after January 1,1956— 
(A) nationalized or expropriated the property of any 
United States person, 
(B) repudiated or nullified any contract with any 
United States person, or 
(C) taken any other action (such as the imposition 
of discriminatory taxes or other exactions) which has the 
effect of seizing ownership or control of the property of 
any United States person, and 
(2) has not, within the period specified in subsection (c), 
either— 
(A) returned the property, 
(B) provided adequate and effective compensation for 
such property in convertible foreign exchange or other 
mutually acceptable compensation equivalent to the full 
value thereof, as required by international law, 
(C) offered a domestic procedure providing prompt, 
adequate and effective compensation in accordance with 
international law, or 
(D) submitted the dispute to arbitration under the 
rules of the Convention for the Settlement of Investment 
Disputes or other mutually agreeable binding international 
arbitration procedure. 
108 STAT. 476 
PUBLIC LAW 103-236—APR. 30, 1994 
President. 
(b) OTHER ACTIONS.—The President shall instruct the United 
States Executive Directors of each multilateral development bank 
and international financial institution to vote against any loan 
or other utilization of the funds of such bank or institution for 
the benefit of any country to which assistance is prohibited under 
subsection (a), unless such assistance is directed specifically to 
programs which serve the basic human needs of the citizens of 
that country. 
(c) PERIOD FOR SETTLEMENT OF CLAIMS.—The period of time 
described in subsection (aX2) is the latest of the following— 
(1) 3 years after the date on which a claim was filed, 
(2) in the case of a country that has a totalitarian or 
authoritarian government at the time of the action described 
in subsection (aXD, 3 years after the date of installation of 
a democratically elected government, or 
(3) 90 days after the date of enactment of this Act. 
(d) EXCEPTED COUNTRIES AND TERRITORIES.—This section shall 
not apply to any coiintry established by international mandate 
through the United Nations or to any territory recognized by the 
United States Government to be in dispute. 
(e) RESUMPTION OF ASSISTANCE.—^A prohibition or termination 
of assistance under subsection (a) and an instruction to vote against 
loans imder subsection (b) shall cease to be effective when the 
President certifies in writing to the Speaker of the House of Rep-
resentatives and to the Committee on Foreign Relations of the 
Senate that such government has taken one of the steps described 
in subsection (aX2). 
(f) REPORTING REQUIREMENT.—Not later than 90 days after 
the date of enactment of this Act and at the beginning of each 
fiscal year thereafter, the Secretary of State shall transmit to the 
Speaker of the House of Representatives and the Committee on 
Foreign Relations of the Senate, a report containing the following: 
(1) A list of every country in which the United States 
Government is aware that a United States person has an 
outstanding expropriation claim. 
(2) The total number of such outstanding expropriation 
claims made by United States persons against each such coim-
try. 
(3) The period of time in which each such claim has been 
outstanding. 
(4) The status of each case and efforts made by the United 
States Government and the government of the country in which 
such claim has been made, to take one or more of the steps 
described in subsection (aX2). 
(5) Each project a United States Executive Director voted 
against as a result of the action described in subsection (b). 
(g) WAIVER.—^The President may waive the prohibitions in sub-
sections (a) and (b) for a country, on an annual basis, if the Presi-
dent determines and so notifies Congress that it is in the national 
interest to do so. 
(h) DEFINITIONS.—For the purpose of this section, the term 
''United States person" means a United States citizen or corporation, 
partnership, or association at least 50 percent beneficially owned 
by United States citizens. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 477 
SEC. 528. REPORT ON RUSSIAN MILITARY OPERATIONS IN THE President. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION. 
(a) IN GENERAL.—^Not later than 5 months after the date of 
enactment of this Act, the President shall submit to Congress 
a report on the operations and activities of the armed forces of 
the Russian Federation, including elements purportedly operating 
outside the chain of command of the armed forces of tiie Russian 
Federation, outside the borders of the Russian Federation and, 
specifically, in the other independent states that were a part of 
the former Soviet Union and in the Baltic States. 
(b) CONTENT OF REPORT.—^The report required by subsection 
(a) shall include, but not be limited to— 
(1) an assessment of the numbers and types of Russian 
armed forces deployed in each of the other independent states 
of the former Soviet Union and in the Baltic States and a 
summary of their operations and activities since the demise 
of the Soviet Union in December 1991; 
(2) a detailed assessment of the involvement of Russian 
armed forces in conflicts in or involving Armenia, Azerbaijan, 
Georgia, Moldova, and Tajikistan, including support provided 
directly or indirectly to one or more parties to these conflicts; 
(3) an assessment of the political and military objectives 
of the operations and activities discussed in paragraphs (1) 
and (2) and of the strategic objectives of the Russian Federation 
in its relations with the other independent states of the former 
Soviet Union and the Baltic States; 
(4) an assessment of other significant actions, including 
political and economic, taken by the Russian Federation to 
influence the other independent states of the former Soviet 
Union and the Baltic States in pursuit of its strategic objectives; 
and 
(5) an analysis of the new Russian military doctrine 
adopted by President Yeltsin on November 2, 1993, with 
particular regard to its implications for Russian policy toward 
the other independent states of the former Soviet Union and 
the Baltic States. 
(c) DEFINITIONS.—^For the purposes of this section— 
(1) ' ^ e other independent states of the former Soviet 
Union" means 
Armenia, Azerbaijan, 
Belarus, 
Georgia, 
Kazakhstan, Kyrgyzstan, Moldova, T^'ikistan, Tiu'kmenistan, 
Ukraine, and Uzbekistan; and 
(2) "the Baltic States" means Latvia, Lithuania, and Esto-
nia. 
SEC. 529. UNITED STATES POLICY ON NORTH KOREA. 
It is the sense of the Congress that: 
(1) It is in the United States national security interest 
to curtail the proliferation of weapons of mass destruction, 
particularly nuclear weapons. 
(2) The North Korea nuclear weapons program is one of 
the most pressing national security challenges the United 
States currently faces. 
(3) North Korea's development of other weapons of mass 
destruction and of ballistic missiles further threatens United 
States national security interests and regional security. 
108 STAT. 478 
PUBLIC LAW 103-236—APR. 30, 1994 
(4) United States policy should ensure that North Korea 
does not possess a nuclear bomb or the capability to build 
one. 
(5) United States forces in Korea must remain vigilant 
and maintain a robust defense posture. 
(6) While diplomacy is the preferable method of dealing 
with the North i^rean nuclear challenge, all options, including 
the appropriate use of force, remain available. 
(7) In fashioning an appropriate policy for dealing with 
the challenge presented by North Korea's nuclear program, 
the Administration should consult closely with United States 
treaty allies, particularly Japan and the Republic of Korea, 
as well as with China, Russia, and other members of the 
United Nations Security Council. 
(8) United States policy should support the efforts of the 
International Atomic Energy Agency (IAEA), as the inter-
national community's designated body for verifjdng compliance 
with the Nuclear Nonproliferation Treaty, to perform inspec-
tions of North Korea's nuclear program. 
(9) The United States should encourage strong and expedi-
tious action by the United Nations Security Council inasmuch 
as North Korea has proved unwilling to comply fully with 
the following: 
(A) North Korea's December 1991 denuclearization 
agreement with South Korea pledging not to possess, manu-
facture, or use nuclear weapons, not to possess plutonium 
reprocessing facilities, and to negotiate the establishment 
of a nuclear inspection system. 
(B) The nuclear safeguards agreement North Korea 
signed with the IAEA on January 30,1992. 
(C) The agreement on IAEA inspections North Korea 
accepted on February 15,1994. 
(10) Unless North Korea imequivocally adheres to the 
Nuclear Nonproliferation Treaty and abides by all provisions 
of that treaty, the President should seek international consen-
sus to isolate North Korea, including the imposition of sanc-
tions, in an effort to persuade Pyongyang to halt its nuclear 
weapons program and permit IAEA inspections of all its nuclear 
facilities. 
(11) Recognizing that within the international community 
China has significant influence over Pyongyang, the nature 
and extent of Chinese cooperation with the rest of the inter-
national community on the North Korean nuclear issue, includ-
ing Chinese support for international sanctions should such 
sanctions be proposed and/or adopted, will inevitably be a 
significant factor in United States-China relations. 
(12) If unable to achieve an international consensus to 
isolate North Korea, the President should employ all unilateral 
means of leverage over North Korea, including, but not limited 
to, the prohibition of any transaction involving the commercial 
sale of any good or technology to North Korea. 
(13) The President should consult with United States allies 
in the region regarding the military posture of North Korea 
and the ability of the United States and its allies to deter 
a North Korean attack, or to defeat such an attack should 
it occur. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 479 
(14) Toward these ends, the United States and South Korea 
should take all steps necessai^ to ensure that United States 
and South Korean forces stationed on the Korean peninsula 
can defend themselves, including the holding of Team Spirit 
or other joint military exercises, the deployment of Patriot 
missiles to South Korea, and other appropriate measures. 
(15) The problem posed by North Korea's nuclear program 
is not a bilateral problem between the United States and North 
Korea, but a problem in which virtually the entire global 
community is united against North Korea. 
(16) The international community must insist upon full 
compliance by North Korea with all its nonproliferation commit-
ments including acceptance of regular and ad hoc inspections 
of its declared nuclear facilities on a continuing basis, as well 
as special inspections of all suspected nuclear sites as the 
IAEA deems appropriate. 
(17) International concerns about North Korea's nuclear 
intentions and capabilities will not be adequatelv addressed 
until North Korea cooperates fully with the IAEA, all North 
Korea nuclear facilities and materials are placed 
under 
fullscope safeguards, and North Korea adheres uneqviivocally 
to the Nuclear Nonproliferation Treaty as well as to its 1991 
denuclearization agreement with South Korea. 
(18) The Administration should work to encourage a 
productive dialogue between North and South Korea that ade-
quately addresses all security concerns on the Korean penin-
sula. 
SEC. 530. ENFORCEMENT OF NONPROLIFERATION TREATIES. 
22 USC 2429a-2. 
(a) POLICY.—It is the sense of the Congress that the President 
should instruct the United States Permanent Representative to 
the United Nations to enhance the role of that institution in the 
enforcement of nonproliferation treaties through the passage of 
a United Nations Security Coimcil resolution which would state 
that, any non-nuclear weapon state that is found by the United 
Nations Security Coimcil, in consultation with the International 
Atomic Energy Agency (IAEA), to have terminated, abrogated, or 
materially violated an IAEA full-scope safeguards agreement would 
be subjected to international economic sanctions, the scope of which 
to be determined by the United Nations Security Council. 
(b) PROHIBITION.—^Notwithstanding any other provision of law, 
no United States assistance under the Foreign Assistance Act of 
1961 shall be provided to any non-nuclear weapon state that is 
found by the President to have terminated, abrogated, or materially 
violated an IAEA full-scope safeguard agreement or materially vio-
lated a bilateral United States nuclear cooperation agreement 
entered into after the date of enactment of the Nuclear Non-Pro-
Uferation Act of 1978. 
(c) WAIVER.—^The President may waive the application of sub-
section (b) if— 
(1) the President determines that the termination of such 
assistance would be seriously prejudicial to the achievement 
of United States nonproliferation objectives or otherwise jeop-
ardize the common defense and security; and 
(2) the President reports such determination to the Con-
gress at least 15 days in advance of any resumption of assist-
ance to that state. 
108 STAT. 480 
PUBLIC LAW 103-236—APR. 30, 1994 
SEC. S31. TAIWAN. 
In view of the self-defense needs of Taiwan, the Congress 
makes the following declarations: 
(1) Sections 2 and 3 of the Taiwan Relations Act are 
reaffirmed. 
(2) Section 3 of the Taiwan Relations Act take primacy 
over statements of United States policy, including commu-
niques, regulations, directives, and uolicies based thereon. 
(3) In assessing the extent to vsrhich the People's RepubUc 
of China is pursuing its "fundamental policy" to strive peace-
fully to resolve the Taiwan issue, the United States should 
take into accoimt both the capabilities and intentions of the 
People's Republic of China. 
(4) The President should on a regular basis assess changes 
in the capabilities and intentions of the People's Republic of 
China and consider whether it is appropriate to adjust arms 
sales to Taiwan accordingly. 
SEC. 632. WAIVER OF SANCTIONS WITH RESPECT TO THE FEDERAL 
REPUBUC OF YUGOSLAVIA TO PROMOTE DEMOCRACY 
ABROAD. 
(a) AUTHORITY.—Notwithstanding any other provision of law, 
the President is authorized and encouraged to exempt from sanc-
tions imposed against the Federal Republic of Yugoslavia those 
United States-supported programs, projects, or activities involving 
reform of the electoral process, or the development of democratic 
institutions or democratic political parties. 
(b) POUCY.—The President, acting through the United States 
Permanent Representative to the United Nations, should propose 
that any action, past or future, by the Security Council pursuant 
to Article 41 of the United Nations Charter, with respect to the 
Federal Republic of Yugoslavia, should take account of the exemp-
tion described in subsection (a). 
5 use 552 note. 
SEC. S33. FREEDOM OF INFORMATION EXEMPTION FOR CERTAIN 
OPEN SKIES TREATY DATA. 
(a) IN GENERAL.—Data with respect to a foreign coimtry col-
lected by sensors during observation flights conducted in connection 
with the Treaty on Open Skies, including flights conducted prior 
to entry into force of the treaty, shall be exempt from disclosure 
imder me Freedom of Information Act— 
(1) if the coimtry has not disclosed the data to the public; 
and 
(2) if the country has not, acting through the Open Skies 
Consultative Commission or any other diplomatic channel, 
authorized the United States to disclose the aata to the public. 
(b) S
T
A
T
U
T
O
R
Y CONSTRUCTION.—This section constitutes a spe-
cific exemption within the meaning of section 552(bX3) of title 
5, United States Code. 
(c) DEFINITIONS.—For the purposes of this section— 
(1) the term "Freedom of Information Act" means the provi-
sions of section 552 of title 5, United States Code; 
(2) the term "Open Skies Consultative Commission" means 
the commission established pursuant to Article X of the Treaty 
on Open Skies; and 
(3) the term "Treaty on Open Skies" means the Treaty 
on Open Skies, signed at Helsinki on March 24, 1992. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 481 
SEC. 634. STUDY OF DEMOCRACY EFFECTIVENESS. 
President. 
(a) REPORT.—^Not later than 180 days after the date of enact-
ment of this Act, the President shall submit a report to the Commit-
tee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives on a streamlined, 
cost-effective organization of United States democracy assistance. 
The report shall include a review of all activities funded by the 
United States Government, including those funded through the 
National Endowment for Democracy, the United States Information 
Agency, and the Agency for International Development. 
(b) CONTENT OF REPORT.—^The report shall include the follow-
ing: 
(1) A review of all United States-sponsored programs to 
promote democracy, including identification and discussion of 
those programs that are overlapping. 
(2) A clear statement of achievable goals and objectives 
for all United States-sponsored democracy programs, and an 
evaluation of the manner in which current democracy activities 
meet these goals and objectives. 
(3) A review of the current United States Government 
organization for the delivery of democracy assistance and rec-
ommended changes to reduce costs and streamline overhead 
involved in the delivery of democracy assistance. 
(4) Recommendations for coordinating programs, policies, 
and priorities to enhance the United States Government's role 
in democracy promotion. 
(5) A review of all agencies involved in delivering United 
States Government fimds in the form of democracy assistance 
and a recommended focal point or lead agency within the United 
States Government for policy oversight of the effort. 
(6) A review of the feasibility and desirability of mandating 
non-United States Government funding, including matching 
funds and in-kind support, for democracy promotion programs. 
If it is determined that such non-Government funding is feasible 
and desirable, recommendations should be made regarding 
goals and procedures for implementation. 
SEC. 635. SENSE OF CONGRESS CONCERNING UNITED STATES CITI-
ZENS VICTIMIZED BY GERMANY DURING WORLD WAR II. 
It is the sense of the Congress that United States citizens 
who were victims of war crimes and crimes against humanity 
committed by the Government of Germany during the period 1939 
to 1945 should be compensated by the Government of Germany. 
SEC. 636. REPORTING REQUIREMENTS ON OCCUPIED TIBET. 
22 USC 2656 
(a) REPORT ON UNITED STATES-TIBET RELATIONS.—Because "
°
*
® 
Congress has determined that Tibet is an occupied sovereign coun-
try under international law and that its true representatives are 
the Dalai Lama and the Tibetan Government in exile— 
(1) it is the sense of the Congress that the United States 
should seek to establish a dialogue with those recognized by 
Congress as the true representatives of the Tibetan people, 
the Dalai Lama, his representatives and the Tibetan Govern-
ment in exile, concerning the situation in Tibet and the future 
of the Tibetan people and to expand and strengthen United 
States-Tibet cultural and educational relations, including 
108 STAT. 482 
PUBLIC LAW 103-236—APR. 30, 1994 
promoting bilateral exchanges arranged directly with the 
Tibetan Government in exile; and 
(2) not later than 6 months after the date of enactment 
of this Act, and every 12 months thereafter, the Secretary 
of State shall transmit to the Chairman of the Committee 
on Foreign Relations and the Speaker of the House of Rep-
resentatives a report on the state of relations between the 
United States and those recognized by Congress as the true 
representatives of the Tibetan people, the Dalai Lama, his 
representatives and the Tibetan Government in exile, and on 
conditions in Tibet, 
(b) SEPARATE TIBET REPORTS.— 
(1) It is the sense of the Congress that whenever a report 
is transmitted to the Congress on a country-by-country basis 
there should be included in such report, where applicable, a 
separate report on Tibet listed alphabetically with its own 
state heading. 
(2) The reports referred to in paragraph (1) include, but 
are not limited to, reports transmitted under sections 116(d) 
and 502B(b) of the Foreign Assistance Act of 1961 (relating 
to human rights). 
K f iS^' 
PART B—SPOILS OF WAR ACT 
50 u s e 2201 
SEC. 551. SHORT TITLE. 
This part may be cited as the "Spoils of War Act of 1994". 
50 u s e 2201. 
SEC. 552. TRANSFERS OF SPOILS OF WAR. 
(a) ELIGIBILITY FOR TRANSFER.—Spoils of war in the possession, 
custody, or control of the United States may be transferred to 
any other party, including any government, group, or person, by 
sale, grant, loan or in any other manner, only to the extent and 
in the same manner that property of the same type, if otherwise 
owned by the United States, may be so transferred. 
(b) TERMS AND CONDITIONS.—Anv transfer pursuant to sub-
section (a) shall be subject to all of the terms, conditions, and 
requirements applicable to the transfer of property of the same 
type otherwise owned by the United States. 
50 u s e 2202. 
SEC. 553. PROfflBITION ON TRANSFERS TO COUNTRIES WHICH SUP-
PORT TERRORISM. 
Spoils of war in the possession, custody, or control of the 
United States may not be transferred to any country determined 
by the Secretary of State, for purposes of section 40 of the Arms 
Export Control Act, to be a nation whose government has repeatedly 
provided support for acts of international terrorism. 
President. 
SEC. 554. REPORT ON PREVIOUS TRANSFERS. 
50 u s e 2203 
Not later than 90 days after the date of enactment of this 
Act, the President shall submit to the appropriate congressional 
committees a report describing any spoils of war obtained subse-
quent to August 2, 1990 that were transferred to any party, includ-
ing any government, group, or person, before the date of enactment 
of this Act. Such report shall be submitted in unclassified form 
to the extent possible. 
50 u s e 2204. 
SEC. 555. DEFINITIONS. 
As used in this part— 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 483 
(1) the term "appropriate congressional committees" means 
the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Auairs of the House of Representatives, 
or, where required by law for certain reporting purposes, the 
Select Committee on Intelligence of the Senate and the Select 
Committee on Intelligence of the House of Representatives; 
(2) the term "enemy" means any coimtry, government, 
group, or person that has been engaged in hostilities, whether 
or not lawfully authorized, with the United States; 
(3) the term "person" means— 
(A) any natural person; 
(B) any corporation, partnership, or other legal entity; 
and 
(C) any organization, association, or group; and 
(4) the term "spoils of war" means enemy movable property 
lawfully captured, seized, confiscated, or found which has 
become United States property in accordance with the laws 
of war. 
SEC. S56. CONSTRUCTION. 
Nothing in this part shall apply to— 
(1) the abandonment or failure to take possession of spoils 
of war by troops in the field for valid military reasons related 
to the conduct of the immediate conflict, including the burden 
of transporting such property or a decision to allow allied 
forces to take immediate possession of certain property solely 
for use during an ongoing conflict; 
(2) the abandonment or return of any property obtained, 
borrowed, or requisitioned for temporary use during military 
operations without intent to retain possession of such property; 
(3) the destruction of spoils of war by troops in the field; 
(4) the return of spoils of war to previous owners from 
whom such property had been seized by enemv forces; or 
(5) minor articles of personal property which have lawfully 
become the property of individual members of the armed forces 
as war trophies pursuant to public written authorization from 
the Department of Defense. 
PART C—ANTI-ECONOMIC DISCRIMINATION 
ACT 
50 u s e 2205. 
Anti-Economic 
Discrimination 
Act of 1994. 
SEC. 561. SHORT TITLE. 
This part may be cited as the "Anti-Economic Discrimination 
Act of 1994". 
SEC. 662. ISRAEL'S DIPLOMATIC STATUS. 
It is the sense of the Congress that the Secretary of State 
should make the issue of Israel's diplomatic status a priority and 
urge coimtries that receive United States assistance to immediately 
esteblish full diplomatic relations with the state of Israel. 
SEC. 663. POLICY ON MIDDLE EAST ARMS SALES. 
(a) BOYCOTT OF ISRAEL.—Section 322 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-
138) is amended— 
(1) in paragraph (2), by striking "and" at the end; and 
(2) in paragraph (3)— 
22 u s e 2679c 
note. 
105 Stat. 710. 
108 STAT. 484 
PUBLIC LAW 103-236—APR. 30, 1994 
President. 
22 u s e 2751 
note. 
22 u s e 2679c. 
(A) by striking "and" at the end of subparagraph (A); 
(B) by striking the period at the end of subparagraph 
(B) and inserting "; and"; and 
(C) by adding at the end the following new subpara-
graph: 
"(C) does not participate in the Arab League primary 
or secondary boycott of Israel.", 
(b) REPORT TO CONGRESS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State shall 
submit to the Speaker of the House of Representatives and the 
Chairman of the Committee on Foreign Relations of the Senate 
a report concerning steps taken to ensure that the goals of section 
322 of the Foreign Relations Authorization Act, Fiscal Years 1992 
and 1993 are being met. 
SEC. 564. PROHIBITION ON CERTAIN SALES AND LEASES. 
(a) PROHIBITION.—^No defense article or defense service may 
be sold or leased by the United States Government to any country 
or international organization that, as a matter of policy or practice, 
is known to have sent letters to United States firms requesting 
compliance with, or soliciting information regarding compliance 
with, the Arab League primary or secondary boycott of Israel, 
unless the President determines, and so certifies to the appropriate 
congressional committees, that that country or organization does 
not currently maintain a policy or pract-ce of making such requests 
or solicitations. 
(b) WAIVER.— 
(1) 1-YEAR WAIVER.—On or after the effective date of this 
section, the President may waive, for a period of 1 year, the 
application of subsection (a) with respect to any country or 
organization if the President determines, and reports to the 
appropriate congressional committees, that— 
(A) such waiver is in the national interest of the United 
States, and such waiver will promote the objectives of 
this section to eliminate the Arab boycott; or 
(B) such waiver is in the national security interest 
of the United States. 
(2) EXTENSION OF WAIVER.—If the President determines 
that the further extension of a waiver will promote the objec-
tives of this section, the President, upon notification of the 
appropriate congressional committees, may grant further exten-
sions of such waiver for successive 12-month periods. 
(3) TERMINATION OF WAIVER.—The President may, at 
any 
time, terminate any waiver granted under this subsection. 
(c) DEFINITIONS.—^As used in this section— 
(1) the term "appropriate congressional committees" means 
the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives; 
and 
(2) the terms "defense article" and "defense service" have 
the meanings given to such terms by paragraphs (3) and (4), 
respectively, of section 47 of the Arms Export Control Act. 
(d) EFFECTIVE DATE.—^This section shall take effect 1 year 
after the date of enactment of this Act. 
SEC. 565. PROHIBITION ON DISCRIMINATORY CONTRACTS. 
(a) PROHIBITION.— 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 485 
(1) Except for real estate leases and as provided in sub-
section (b), the Department of State may not enter into any 
contract that expends funds appropriated to the Department 
of State for an amount in excess of the small purchase threshold 
(as defined in section 4(11) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(11))— 
(A) with a foreign person that complies with the Arab 
League boycott of Israel, or 
(B) with any foreign or United States person that 
discriminates in the award of subcontracts on the basis 
of religion. 
(2) For purposes of this section— 
(A) a foreign person complies with the boycott of Israel 
by Arab League countries wnen that foreign person takes 
or knowingly agrees to take any action, with respect to 
the boycott of Israel by Arab League countries, which sec-
tion 8(a) of the Export Administration Act of 1979 (50 
U.S.C. App. 2407(a)) prohibits a United States person from 
taking, except that for purposes of this paragraph, the 
term "United States person" as used in subparagraphs 
(B) and (C) of section 8(a)(1) of such Act shall be deemed 
to mean "person"; and 
(B) the term "foreign person" means any person other 
than a United States person as defined in section 16(2) 
of the Export Administration Act of 1979 (50 U.S.C. App. 
2415). 
(3) For purposes of paragraph (1), a foreign person shall 
be deemed not to comply with the boycott of Israel by Arab 
League countries if that person, or the Secretary of State or 
his designee on the basis of available information, certifies 
that the person violates or otherwise does not comply with 
the boycott of Israel by Arab League countries by taking any 
actions prohibited by section 8(a) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2407(a)). Certification by the Sec-
retary of State or his designee may occur only 30 days after 
notice has been given to the Congress that this certification 
procedure will be utilized at a specific overseas mission. 
(b) WAIVER BY SECRETARY OF STATE.—The Secretary of State 
may waive the requirements of this section on a country-oy-country 
basis for a period not to exceed one year upon certification to 
the Congress by the Secretary that such waiver is in the national 
interest and is necessary to carry on diplomatic functions of the 
United States. Each such certification shall include a detailed jus-
tification for the waiver with respect to each such country. 
(c) RESPONSES TO CONTRACT SOLICITATIONS.—(1) Except as pro-
vided in paragraph (2) of this subsection, the Secretary of State 
shall ensure that any response to a solicitation for a bid or a 
request for a proposal, with respect to a contract covered by sub-
section (a), includes the following clause, in substantially the follow-
ing form: 
"ARAB LEAGUE BOYCOTT OF ISRAEL 
"(a) DEFINITIONS.—^As used in this clause— 
"(1) the term 'foreign person' means any person other than 
a United States person as defined in paragraph (2); and 
"(2) the term 'United States person' means any United 
States resident or national (other than an individual resident 
108 STAT. 486 
PUBLIC LAW 103-236—APR. 30, 1994 
outside the United States and employed by other than a United 
States person), any domestic concern (including any permanent 
domestic establishment of any foreign concern), and any foreign 
subsidiary or affiliate 
(including any permanent 
foreign 
establishment) of any domestic concern which is controlled 
in fact by such domestic concern, as determined imder regula-
tions of the President. 
"(b) CERTIFICATION.—By submitting this offer, the Offeror cer-
tifies that it is not— 
"(1) taking or knowingly agreeing to take any action, with 
respect to the boycott of Israel by Arab League countries, which 
section 8(a) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2407(a)) prohibits a United States person from taking; 
or 
"(2) discriminating in the award of subcontracts on the 
basis of religion.". 
(2) An Offeror would not be required to include the certification 
required by paragraph (1), if the Offeror is deemed not to comply 
with the Arab League boycott of Israel by the Secretary of State 
or a designee on the basis of available information. Certification 
by the Secretary of State or a designee may occur only 30 days 
after notice has been given to the Congress that this certification 
procedure will be utilized at a specific overseas mission. 
(3) The Secretary of Stete shall ensure that all State Depart-
ment contract solicitations include a detailed explanation of the 
requirements of section 8(a) of the Export Administration Act of 
1979 (50 U.S.C. App. 2407(a)). 
(d) REVIEW AND TERMINATION.—(1) The Department of State 
shall conduct reviews of the certifications submitted pursuant to 
this section for the purpose of assessing the accuracy of the certifi-
cations. 
(2) Upon complaint of any foreign or United Stetes person 
of a violation of the certification as required by this section, filed 
with the Secretary of State, the Department of State shall inves-
tigate such complaint, and if such complaint is found to be correct 
and a violation of the certification has been found, all contracts 
with such violator shall be terminated for default as soon as prac-
ticable, and, for a period of two years thereafter, the Stete Depart-
ment shall not enter into any contracts with such a violator. 
(e) UNITED STATES INFORMATION AGENCY.—The provisions of 
this section shall apply to the United States Information Agency 
in the same manner and extent to which such provisions apply 
to the Department of Stete. In the application of this section to 
the United Stetes Information Agency, the Director of the United 
States Information Agency or a designee shall have the authorities 
and responsibilities of the Secretory of Stete. 
Cambodian 
PART D—THE CAMBODIAN GENOCmE JUSTICE 
Genocide Justice 
, 
Act. 
A C T 
22 u s e 2656 
note. 
SEC. 671. SHORT TITLE. 
This part may be cited as the "Cambodian Genocide Justice 
Act". 
SEC. 572. POUCY. 
(a) IN GENERAL.—Consistent with international law, it is the 
policy of the United States to support efforts to bring to justice 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 487 
members of the Khmer Rouge for their crimes against humanity 
committed in Cambodia between April 17, 1975, and January 7, 
1979. 
(b) SPECIFIC ACTIONS URGED.—TO that end, the Congress urges 
the President— 
(1) to collect, or assist appropriate organizations and 
individuals to collect relevant data on crimes of genocide 
committed in Cambodia; 
(2) in circumstances which the President deems appro-
priate, to encourage the establishment of a national or inter-
national criminal tribunal for the prosecution of those accused 
of genocide in Cambodia; and 
(3) as necessary, to provide such national or international 
tribunal with information collected pursuant to paragraph (1). 
SEC. 673. ESTABLISHMENT OF STATE DEPARTMENT OFFICE. 
(a) ESTABLISHMENT.—(1) None of the funds authorized to be 
appropriated bv this Act for "Diplomatic and Consular Programs'* 
shall be available for obligation or expenditure during fiscal years 
1994 and 1995 imless, not later than 90 days after the date of 
enactment of this Act, the Secretary of State has established within 
the Department of State under the Assistant Secretary for East 
Asia and Pacific Affairs (or any successor Assistant Secretary) the 
Office of Cambodian Genocide Investigation (hereafter in this part 
referred to as the "Office"). 
(2) The Office may carry out its activities inside or outside 
of Cambodia, except that not less than 75 percent of the funds 
made available for the Office and its activities shall be used to 
carry out activities within Cambodia. 
(b) PURPOSE.—^The purpose of the Office shall be to support, 
through organizations and individuals with whom the Secretary 
of State may contract to carry out the operations of the Office, 
as appropriate, efforts to bring to justice members of the Khmer 
Rouge for their crimes against humanity committed in Cambodia 
between April 17,1975, and January 7,1979, including— 
(1) to investigate crimes against humanity committed by 
national Khmer Rouge leaders during that period; 
(2) to provide the people of Cambodia with access to docu-
ments, records, and other evidence held by the Office as a 
result of such investigation; 
(3) to submit the relevant data to a national or inter-
national penal tribunal that may be convened to formally hear 
and judge the genocidal acts committed by the Khmer Rouge; 
and 
(4) to develop the United States proposal for the establish-
ment of an international criminal tribunal for the prosecution 
of those accused of genocide in Cambodia. 
(c) CONTRACTING AUTHORITY.—The Secretary of State shall, 
subject to the availability of api)ropriations, contract with appro-
priate individuals and organizations to carry out the purpose of 
the Office. 
(d) NOTIFICATION TO CONGRESS.—^The Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and 
the Committee on Foreign Affairs and the Committee on Appropria-
tions of the House of Representatives shall be notified of any exer-
cise of the authority of section 34 of the State Department Basic 
Authorities Act of 1956 with respect to the Office or any of its 
79-194 O—95—17 : QL 3 Part 1 
108 STAT. 488 
PUBLIC LAW 103-236—APR. 30, 1994 
Middle East 
Peace 
Facilitation Act 
of 1994. 
programs, projects, or activities at least 15 days in advance in 
accordance with procedures applicable to notifications under that 
section. 
President. 
SEC. 574. REPORTING REQUIREMENT. 
(a) IN GENERAL.—^Beginning 6 months after the date of enact-
ment of this Act, and every 6 months thereafter, the President 
shall submit a report to the appropriate congressional committees— 
(1) that describes tne activities of the Office, and sets 
forth new facts learned about past Khmer Rouge practices, 
during the preceding 6-month period; and 
(2) that describes the steps the President has taken during 
the preceding 6-month period to promote human rights, to 
support efforts to bring to justice the national political and 
military leadership of the Khmer Rouge, and to prevent the 
recurrence of human rights abuses in Cambodia through actions 
which are not related to United Nations activities in Cambodia. 
(b) DEFINITION.—^For purposes of this section, the term "appro-
priate congressional committees" means the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs 
of the House of Representatives. 
PART E—MIDDLE EAST PEACE FACILITATION 
SEC. 581. SHORT TITLE. 
This part may be cited as the "Middle East Peace Facilitation 
Act of 1994". 
SEC. 582. FINDINGS. 
The Congress finds that— 
(1) the Palestine Liberation Organization has recognized 
the State of Israel's right to exist in peace and security, accepted 
United Nations Security Council Resolutions 242 and 338; 
committed itself to the peace process and peaceful coexistence 
with Israel, free from violence and all other acts which endanger 
peace and stability; and assumed responsibility over all Pal-
estine Liberation Organization elements and personnel in order 
to assure their compliance, prevent violations, and discipline 
violators; 
(2) Israel has recognized the Palestine Liberation Organiza-
tion as the representative of the Palestinian people; 
(3) Israel and the Palestine Liberation Organization signed 
a 
Declaration 
of Principles on Interim 
Self-Govemment 
Arrangements on September 13, 1993, at the White House; 
(4) the United States has resumed a bilateral dialogue 
with the Palestine Liberation Organization; and 
(5) in order to implement the Declaration of Principles 
on Interim Self-Govemment Arrangements and facilitate the 
Middle East peace process, the President has requested flexibil-
ity to suspend certain provisions of law pertaining to the Pal-
estine Liberation Organization. 
President. 
SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS. 
(a) IN GENERAL.—Subject to subsection (b), beginning July 1, 
1994, the President may suspend for a period of not more than 
6 months any provision of law specified in subsection (c). The 
President may continue the suspension for a period or periods 
of not more than 6 months until July 1, 1995, if, before each 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 489 
such period, the President satisfies the requirements of subsection 
(b). Any suspension shall cease to be effective after 6 months, 
or at such earlier date as the President may specify, 
(b) CONDITIONS.— 
(1) CONSULTATION.—^Prior to each exercise of the authority 
provided in subsection (a), the President shall consult with 
the relevant congressional committees. The President may not 
exercise that authority until 30 days after a written policy 
justification is submitted to the relevant congressional commit-
tees. 
(2) PRESIDENTIAL CERTIFICATION.—The President may exer-
cise the authority provided in subsection (a) only if the Presi-
dent certifies to the relevant congressional committees each 
time he exercises such authority that— 
(A) it is in the national interest of the United States 
to exercise such authority; and 
(B) the Palestine Liberation Organization continues 
to abide by all the commitments described in paragraph 
(4). 
(3) REQUIREMENT FOR CONTINUING PLO COMPLIANCE.—Any 
suspension under subsection (a) of a provision of law specified 
in subsection (c) shall cease to be effective if the President 
certifies to the relevant congressional committees that the Pal-
estine Liberation Organization has not continued to abide by 
all the commitments described in paragraph (4). 
(4) PLO COMMITMENTS DESCRIBED.—The Commitments 
referred to in paragraphs (2) and (3) are the commitments 
made by the Palestine Liberation Organization— 
(A) in its letter of September 9, 1993, to the Prime 
Minister of Israel; in its letter of September 9, 1993, to 
the Foreign Minister of Norway to— 
(i) recognize the right of the State of Israel to 
exist in peace and security; 
(ii) accept United Nations Security Council Resolu-
tions 242 and 338; 
(iii) renounce the use of terrorism and other acts 
of violence; 
(iv) assume responsibility over all PLO elements 
and personnel in order to assure their compliance, 
prevent violations and discipline violators; 
(v) call upon the Palestinian people in the West 
Bank and Gaza Strip to take part in the steps leading 
to the normalization of life, rejecting violence and 
terrorism, and contributing to peace and stability; and 
(vi) submit to the Palestine National Council for 
formal approval the necessary changes to the Palestin-
ian National Covenant eliminating calls for Israel's 
destruction, and 
(B) in, and resulting from, the good faith implementa-
tion of, the Declaration of Principles on Interim Self-
Govemment Arrangements signed on September 13, 1993. 
(5) EXPECTATION OF CONGRESS REGARDING ANY EXTENSION 
OF PRESIDENTIAL AUTHORITY.—^The Congress expects that any 
extension of the authority provided to the President in sub-
section (a) will be conditional on the Palestine Liberation 
Organization— 
(A) renouncing the Arab League boycott of Israel; 
108 STAT. 490 
PUBLIC LAW 103-236—APR. 30, 1994 
(B) urging the nations of the Arab League to end 
the Arab League boycott of Israel; 
(C) cooperating with efforts undertaken by the Presi-
dent of the United States to end the Arab League boycott 
of Israel; and 
(D) condemning individual acts of terrorism and 
violence. 
(6) REPORTING REQUIREMENT.—AS part of the President's 
written policy justification referred to in paragraph (1), the 
President will report on the PLO's response to individual acts 
of terrorism and violence, as well as its actions concerning 
the Arab League boycott of Israel as enumerated in paragraph 
(5) and on the status of the PLO office in the United States 
as enumerated in subsection (cX3). 
(c) PROVISIONS THAT MAY B E SusPENDED.^The provisions that 
may be suspended under the authority of subsection (a) are the 
following: 
(1) Section 307 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2227) as it applies with respect to the Palestine Libera-
tion Organization or entities associated with it. 
(2) Section 114 of the Department of State Authorization 
Act, Fiscal years 1984 and 1985 (22 U.S.C. 287e note) as 
it applies with respect to the Palestine Liberation Organization 
or entities associated with it. 
(3) Section 1003 of the Foreign Relations Authorization 
Act, Fiscal years 1988 and 1989 (22 U.S.C. 5202). 
(4) Section 37 of the Bretton Woods Agreement Act (22 
U.S.C. 286w) as it applies to the granting to the Palestine 
Liberation Organization of observer status or other official sta-
tus at any meeting sponsored by or associated with the Inter-
national Monetary Fund. As used in this paragraph, the term 
"other official status" does not include membership in the Inter-
national Monetary Fimd. 
(d) RELEVANT CONGRESSIONAL COMMITTEES DEFINED.—As used 
in this section, the term "relevant congressional committees" 
means— 
(1) the Committee on Foreign Affairs, the Committee on 
Banking, Finance and Urban Affairs, and the Committee on 
Appropriations of the House of Representatives; and 
(2) the Committee on Foreign Relations and the Committee 
on Appropriations of the Senate. 
TITLE VI—PEACE CORPS 
SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $219,745,000 for the fiscal year 1994 and 
$234,745,000 for the fiscal year 1995 to carry out the Peace Corps 
Act. 
(b) AVAILABILITY OF FUNDS.—Funds made available to the 
Peace Corps pursuant to the authorization under subsection (a) 
shall be available for the fiscal year for which appropriated and 
t^e subsequent fiscal year. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 491 
SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT. 
(a) EXTENSION OF CONTRACTING AUTHORITY.—Section 10(c) of 
the Peace Corps Act (22 U.S.C. 2509(c)) is amended by striking 
"thirty six months" and inserting "five years". 
(b) LIABILITY INSURANCE FOR MEDICAL SERVICES PERSONNEL.— 
Section ICKj) of the Peace Corps Act (22 U.S.C. 2509(j)) is amended 
by inserting before the period at the end of the first sentence 
", and to individiials employed under personal services contracts 
to furnish medical services abroad pursuant to subsection (aX5) 
of this section.". 
TITLE VII—ARMS CONTROL 
PART A—ARMS CONTROL AND 
^^ 
Control 
N O N P R O L I F E R A T I O N A C T O F 1 9 9 4 
NonproUferation 
Act of 1994. 
SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS. 
(a) SHORT TITLE.—^This part may be cited as the "Arms Control 
and Nonproliferation Act of 1994". 
(b) REFERENCES IN PART.—Except as specifically provided in 
this part, whenever in this part an amendment or repeal is 
expressed as an amendment to or repeal of a provision, the reference 
shall be deemed to be made to the Arms Control and Disarmament 
Act. 
SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE. 
(a) CONGRESSIONAL DECLARATiONS.^The Congress declares 
that— 
(1) a fundamental goal of the United States, particularly 
in the wake of the highly turbulent and uncertain international 
situation fostered by the end of the Cold War, the disintegration 
of the Soviet Union and the resulting emergence of fifteen 
new independent states, and the revolutionary changes in East-
em Europe, is to prevent the proliferation of nuclear weapons 
and their means of delivery and of advanced conventional 
armaments, to eliminate chemical and biological weapons, and 
to reduce and limit the large numbers of nuclear weapons 
in the former Soviet Union, as well as to prevent regional 
conflicts and conventional arms races; and 
(2) an ultimate goal of the United States continues to 
be a world in which the use of force is subordinated to the 
rule of law and international change is achieved peacefully 
without the danger and burden of destabilizing and costly 
armaments. 
(b) PURPOSE.—^The purpose of this part is— 
(1) to strengthen the United States Arms Control and 
Disarmament Agency; and 
(2) to improve congressional oversight of the arms control, 
nonproliferation, and disarmament activities of the United 
States Arms Control and Disarmament Agency, and of the 
Agency's operating budget. 
SEC. 703. PURPOSES. 
Section 2 (22 U.S.C. 2551) is amended in the text following 
the third undesignated paragraph by striking paragraphs (a), (b), 
(c), and (d) and by inserting the following new paragraphs: 
108 STAT. 492 
PUBLIC LAW 103-236—APR. 30, 1994 
''(1) The preparation for and management of United States 
participation in international negotiations and implementation 
fora in the arms control and disarmament field. 
"(2) When directed by the President, the preparation for, 
and management of. United States participation in inter-
national negotiations and implementation fora in the non-
proliferation field. 
"(3) The conduct, support, and coordination of research 
for arms control, nonproliferation, and disarmament policy 
formulation. 
"(4) The preparation for, operation of, or, as appropriate, 
direction of. United States participation in such control systems 
as may become part of United States arms control, nonprolifera-
tion, and disarmament activities. 
"(5) The dissemination and coordination of public informa-
tion concerning arms control, nonproliferation, and disar-
mament.". 
SEC. 704. REPEALS. 
The following provisions of law are hereby repealed: 
(1) Subsections (b) and (c) of section 36 (22 U.S.C. 2576), 
relating to arms control impact information and analysis. 
(2) Section 38 (22 U.S.C. 2578), relating to reports on 
Standing Consultative Commission activities. 
(3) Section 52 (22 U.S.C. 2592), relating to reports on 
adherence to and compliance with agreements. 
SEC. 705. DIRECTOR. 
Section 22 (22 U.S.C. 2562) is amended to read as follows: 
"DIRECTOR 
President. 
«SEC. 22. (a) APPOINTMENT.—The Agency shall be headed by 
a Director appointed by the President, by and with the advice 
and consent of the Senate. No person serving on active duty as 
a commissioned officer of the Armed Forces of the United States 
may be appointed Director. 
"(b) DUTIES.—(1) The Director shall serve as the principal 
adviser to the Secretary of State, the National Security Council, 
and the President and other executive branch Government officials 
on matters relating to arms control, nonproliferation, and disar-
mament. In carrying out his duties under this Act, the Director, 
under the direction of the President and the Secretary of State, 
shall have primary responsibility within the Government for mat-
ters relating to arms control and disarmament, and, whenever 
directed by uie President, primary responsibility within the Govern-
ment for matters relating to nonproliferation. 
"(2) The Director ^ a l l attend all meetings of the National 
Security Council involving weapons procurement, arms sales, 
consideration of the defense budget, and all arms control, non-
proliferation, and disarmament matters.". 
SEC. 706. BUREAUS, OFFICES, AND DIVISIONS. 
Section 25 (22 U.S.C. 2565) is amended to read as follows: 
"BUREAUS, OFFICES, AND DIVISIONS 
"SEC. 25. The Director may establish within the Agency such 
bureaus, offices, and divisions as he may determine to be necessary 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 493 
to discharge his responsibiUties pursuant to this Act, including 
a bureau of intelligence and information support and an ofi&ce 
to perform legal services for the Agency.". 
SEC. 707. SCIENTIFIC AND POUCY ADVISORY COMMITTEE. 
Section 26 (22 U.S.C. 2566) is amended to read as follows: 
"SCIENTIFIC AND POUCY ADVISORY COMMITTEE 
"SEC. 26. (a) ESTABLISHMENT.—(1) The President may appoint 
a Scientific and Policy Advisory Committee (in this section referred 
to as the 'ConmiitteeO of not to exceed 15 members, not less than 
eight of whom shall be scientists. 
"(2) The members of the Committee shall be appointed aa President. 
follows: 
"(A) One member, who shall be a person of renown and 
distinction, shall be appointed by the {resident, by and with 
the advice and consent of the Senate, as Chairman of the 
Committee. 
"(B) Fourteen other members shall be appointed by the 
President. 
"(3) The Committee shall meet at least twice each year. 
"(b) FUNCTION.—It shall be the responsibility of the Committee 
to advise the President, the Secretary of State, and the Director 
respecting scientific, technical, and policy matters affecting arms 
control, nonproliferation, and disarmament. 
"(c) REIMBURSEMENT OF EXPENSES.—The members of the 
Committee may receive reimbursement of expenses only in accord-
ance with the provisions applicable to the reimbursement of experts 
and consultents imder section 41(d) of this Act. 
"(d) TERMINATION.—^The Committee shall terminate two years 
after the date of enactment of the Arms Control and Nonprolifera-
tion Act of 1994. 
"(e) DEFINITION.—As used in this section, the term 'scientist' 
means an individual who has a demonstrated knowledge and tech-
nical expertise with respect to arms control, nonproliferation, and 
disarmament matters and who has distinguished himself or herself 
in any of the fields of physics, chemistry, mathematics, biology, 
or engineering, including weapons engineering.". 
SEC. 708. PRESIDENTIAL SPECIAL REPRESENTATIVES. 
(a) IN GENERAL.—Section 27 (22 U.S.C. 2567) is amended to 
read as follows: 
"PRESIDENTIAL SPECIAL REPRESENTATIVES 
"SEC. 27. The President may appoint, by and Math the advice 
and consent of the Senate, Special Representatives of the President 
for arms control, nonproliferation, and disarmament matters. Each 
Presidential Special Representetive shall hold the rank of ambas-
sador. One such Representetive may serve in the Agency as Chief 
Science Advisor. Presidential Special Representetives appointed 
under this section shall perform their duties and exercise their 
powers under the direction of the President and the Secretory 
of Stete, acting through the Director. The Agency shall be the 
(government agency responsible for providing administrative sup-
gort, including funding, staff, and omce space, to all Presidential 
pecial Representetives.". 
108 STAT. 494 
PUBLIC LAW 103-236—APR. 30, 1994 
(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United 
States Code, is amended by striking: 
"Special Representatives for Arms Control and Disar-
mament Negotiations, United States Arms Control and Disar-
mament Agency (2)." 
and inserting: 
"Special Representatives of the President for arms control, 
nonproliferation, and disarmament matters. United States 
Arms Control and Disarmament Agency.". 
SEC. 709. POUCY FORMULATION. 
Section 33 (22 U.S.C. 2573) is amended to read as follows: 
"POUCY FORMULATION 
"SEC. 33. (a) FORMULATION.—The Director shall prepare for 
the President, the Secretary of State, and the heads of such other 
Grovemment agencies as the President may determine, rec-
ommendations and advice concerning United States arms control, 
nonproliferation, and disarmament policy. 
"(b) PROHIBITION.—No action shall be taken pursuant to this 
or any other Act that would obligate the United States to reduce 
or limit the Armed Forces or armaments of the United States 
in a militarily significant manner, except pursuant to the treaty-
making power of the President set forth in Article II, Section 
2, Clause 2 of the Constitution or unless authorized by the enact-
ment of further affirmative legislation by the Congress of the United 
States.". 
SEC. 710. NEGOTIATION MANAGEMENT. 
Section 34 (22 U.S.C. 2574) is amended to read as follows: 
"NEGOTIATION MANAGEMENT 
"SEC. 34. (a) RESPONSIBILITIES.—The Director, under the direc-
tion of the President and the Secretary of State, shall have primary 
responsibility for the preparation, conduct, and management of 
United States participation in all international negotiations and 
implementation fora in the field of arms control and disarmament 
and shall have primary responsibility, whenever directed by the 
President, for the preparation, conduct, and management of United 
States participation in international negotiations and implementa-
tion fora in the field of nonproliferation. In furtherance of these 
responsibilities. Special Representatives of the President appointed 
pursuant to section 27, shall, as directed by the President, serve 
as the United States (jovemment representatives to international 
organizations, conferences, and activities relating to the field of 
nonproliferation, such as the preparations for and conduct of the 
review relating to the Treaty on the Non-Proliferation of Nuclear 
Weapons. 
"(b) 
FUNCTIONS 
WITH 
RESPECT 
TO THE UNITED 
STATES 
INFORMATION AGENCY.—The Director shall perform functions pursu-
ant to section 2(c) of the Reorganization Plan 8 of 1953 with 
respect to providing to the United States Information Agency official 
United States positions and policy on arms control, nonproliferation, 
and disarmament matters for dissemination abroad. 
"(c) AUTHORITY.—^The Director is authorized— 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 495 
"(1) for the purpose of conducting negotiations concerning 
arms control, nonproliferation, or disarmament or for the pur-
pose of exercising any other authority given him by this Act— 
"(A) to consult and communicate with, or to direct 
the consultation and communication with, representatives 
of other nations or of international organizations, and 
"(B) to communicate in the name of the Secretary 
of State with diplomatic representatives of the United 
States in the United States or abroad; 
"(2) to formulate plans and make preparations for the 
establishment, operation, and funding of inspections and control 
systems which may become part of the United States arms 
control, nonproliferation, and disarmament activities; and 
"(3) as authorized by law, to put into effect, direct, or 
otherwise assume United States responsibility for such sys-
tems.". 
SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND 
President. 
DEVELOPMENT. 
Not later than December 31, 1994, the President shall submit 
to the Congress a report prepared by the Director of the United 
States Arms Control and Disarmament Agency, in coordination 
with the Secretanr of State, the Secretary of Defense, the Secretary 
of Energy, the Chairman of the Joint Chiefs of Staff, and the 
Director of Central Intelligence, with respect to the procedures 
established pursuant to section 35 of the Arms Control and Disar-
mament Act (22 U.S.C. 2575) for the effective coordination of 
research and development on arms control, nonproliferation, and 
disarmament among all departments and agencies of the executive 
branch of Grovemment. 
SEC. 712. VERIFICATION OF COMPLIANCE. 
Section 37 (22 U.S.C. 2577) is amended to read as follows: 
"VERIFICATION OF COMPLIANCE 
" S E C 37. (a) IN GENERAL.—In order to ensure that arms control. Reports. 
nonproliferation, and disarmament agreements can be adequately 
verified, the Director shall report to Congress, on a timely basis, 
or upon request by an appropriate committee of the Congress— 
"(1) in the case of any arms control, nonproliferation, or 
disarmament agreement that has been concluded by the United 
States, the determination of the Director as to the degree 
to which the components of such agreement can be verified; 
"(2) in the case of any arms control, nonproliferation, or 
disarmament agreement that has entered into force, any signifi-
cant degradation or alteration in the capacity of the United 
States to verify compliance of the components of such 
agreement; 
"(3) the amount and percentage of research funds expended 
by the Agency for the purpose of analyzing issues relating 
to arms control, nonproliferation, and disarmament verification; 
and 
"(4) the number of professional personnel assigned to arms 
control verification on a full-time basis by each Government 
agency. 
"(b) STANDARD FOR VERIFICATION OF COMPLIANCE.—In making 
determinations under paragraphs (1) and (2) of subsection (a), the 
108 STAT. 496 
PUBLIC LAW 103-236—APR. 30, 1994 
Director shall assume that all measures of concealment not 
expressly prohibited could be employed and that standard practices 
could be altered so as to impede verification. 
"(c) RULE OF CONSTRUCTION.—Except as otherwise provided 
for by law, nothing in this section may be construed as requiring 
the disclosure of sensitive information relating to intelligence 
sources or methods or persons employed in the verification of 
compliance with arms control, nonproliferation, and disarmament 
agreements. 
"(d) PARTICIPATION OF THE AGENCY.—In order to ensure adher-
ence of the United States to obligations or commitments undertaken 
in arms control, nonproliferation, and disarmament agreements, 
and in order for the Director to make the assessment required 
by section 51(a)(5), the Director, or the Director's designee, shall 
participate in all interagency groups or organizations within the 
executive branch of Government that assess, analyze, or review 
United States planned or ongoing policies, programs, or actions 
that have a direct bearing on United States adherence to obligations 
undertaken in arms control, nonproliferation, or disarmament 
agreements.". 
SEC. 713. NEGOTIATING RECORDS. 
(a) IN GENERAL.—^The Arms Control and Disarmament Act 
is amended by inserting after section 37 the following: 
Classified 
information. 
Public 
information. 
22 use 2578. 
"NEGOTIATING RECORDS 
"SEC. 38. (a) PREPARATION OF RECORDS.—The Director shall 
establish and maintain records for each arms control, nonprolifera-
tion, and disarmament agreement to which the United States is 
a party and which was under negotiation or in force on or after 
January 1, 1990, which shall include classified and unclassified 
materials such as instructions and guidance, position papers, report-
ing cables and memoranda of conversation, working papers, draft 
texts of the agreement, diplomatic notes, notes verbal, and other 
internal and external correspondence. 
"(b) NEGOTIATING AND IMPLEMENTATION RECORDS.—In particu-
lar, the Director shall establish and maintain a negotiating and 
implementation record for each such agreement, which shall be 
comprehensive and detailed, and shall document all communications 
between the parties with respect to such agreement. Such records 
shall be maintained both in hard copy and magnetic media. 
"(c) PARTICIPATION OF AGENCY PERSONNEL.—In order to imple-
ment effectively this section, the Director shall ensure that Agency 
personnel participate throughout the negotiation and implementa-
tion phases of all arms control, nonproliferation, and disarmament 
agreements.". 
(b) REPORT REQUIRED.—Not later than January 31, 1995, the 
Director of the United States Arms Control and Disarmament 
Agency shall submit to the Speaker of the House of Representatives 
and to the chairman of the Committee on Foreign Relations of 
the Senate a detailed report describing the actions he has under-
taken to implement section 38 of the Arms Control and Disar-
mament Act. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 497 
SEC. 714. AUTHORITIES 
WITH RESPECT TO 
NONPROLIFERATION 
MATTERS. 
(a) AMENDMENTS TO THE ARMS EXPORT CONTROL ACT.—(1) 
Section 38(aX2) of the Arms Export Control Act (22 U.S.C. 
2778(aX2)) is amended to read as follows: 
"(2) Decisions on issuing export licenses under this section 
shall be made in coordination with the Director of the United 
States Arms Control and Disarmament Agency, taking into account 
the Director's assessment as to whether the export of an article 
would contribute to an arms race, aid in the development of weapons 
of mass destruction, support international terrorism, increase the 
possibility of outbreak or escalation of conflict, or prejudice the 
development of bilateral or multilateral arms control or non-
proliferation agreements or other arrangements. The Director of 
the Arms Control and Disarmament Agency is authorized, whenever 
the Director determines that the issuance of an export license 
under this section would be detrimental to the national securitv 
of the United States, to recommend to the President that sucn 
export license be disapproved.". 
(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended— 
(A) in the second sentence, by redesignating clauses (1), 
(2), and (3) as clauses (A), (B), and (C), respectively; 
(B) by inserting "(1)" immediately afler "(a)"; 
(C) by amending clause (C) (as redesignated) to read as 
follows: "(C) the assessment of the Director of the United States 
Arms Control and Disarmament Agency as to whether, and 
the extent to which, such sale might contribute to an arms 
race, aid in the development of weapons of mass destruction, 
support international terrorism, increase the possibility of out-
break or escalation of conflict, or prejudice the development 
of bilateral or multilateral arms control or nonproliferation 
agreements or other arrangements."; and 
(D) by adding at the end the following: 
"(2) Any proposed sale made pursuant to this Act shall be 
approved only after consultation with the Director of the United 
States Arms Control and Disarmament Agency. The Director of 
the Arms Control and Disarmament Agency is authorized, whenever 
the Director determines that a sale under this section would be 
detrimental to the national security of the United States, to rec-
ommend to the President that such sale be disapproved.". 
(3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is amended 
by inserting *
*
, the Director of the Arms Control and Disarmament 
Agency," after "the Secretary of Defense". 
(4) Section 71(bXl) of such Act (22 U.S.C. 2797(bXl)) is amend-
ed by inserting "and the Director of the United States Anns Control 
and Disarmament Agency** after "Secretary of Defense". 
(5) Section 71(bX2) of such Act (22 U.S.C. 2797(bX2)) is 
amended— 
(A) by striking "and the Secretary of Commerce" and insert-
ing ", the Secretary of Commerce, and the Director of the 
United States Arms Control and Disarmament Agency"; and 
(B) by inserting "or the Director" after "relevant Secretary". 
(6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is amended 
by inserting "with the Director of the United States Arms Control 
and Disarmament Agency," after "Director of Central Intelligence,". 
(7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is amended 
22 USC 2797b. 
by striking "and the Secretary of Commerce," and inserting ", 
108 STAT. 498 
PUBLIC LAW 103-236—APR. 30, 1994 
the Secretary of Commerce, and the Director of the United States 
Arms Control and Disarmament Agency,". 
(b) AMENDMENT TO THE NUCLEAR NON-PROLIFERATION ACT.— 
Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42 
U.S.C. 2139a(c)) is amended in the second sentence by striking 
out", as required,". 
SEC. 715. APPOINTMENT AND COMPENSATION OF PERSONNEL. 
Section 41(b) of the Arms Control and Disarmament Act (22 
U.S.C. 2581(b)) is amended by striking "except that during the 
2-year" and all that follows through the end thereof and inserting 
"except that the Director may, to the extent the Director determines 
necessary to the discharge of his responsibilities, appoint and fix 
the compensation of employees possessing specialized technical 
expertise without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service and the 
provisions of chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and (jSeneral Schedule pay rates, if 
the Director ensures that— 
"(1) any employee who is appointed under this exception 
is not paid at a rate— 
"(A) in excess of the rate payable for positions of 
equivalent difficulty or responsibility, or 
"(B) exceeding the maximum rate payable for grade 
15 of the (jleneral Schedule; and 
"(2) the number of employees appointed under this excep-
tion shall not exceed 10 percent of the Agency's full-time-
equivalent ceiling.". 
SEC. 716. SECURITY REQUIREMENTS. 
Section 45(a) (22 U.S.C. 2585) is amended in the third 
sentence— 
(1) by inserting "or employed directly from other (jovem-
ment agencies" after "persons detailed from other (jrovemment 
agencies"; and 
(2) by striking "by the Department of Defense or the 
Department of State" and inserting "by such agencies". 
SEC. 717. REPORTS. 
(a) IN GENERAL.—Title IV of the Arms Control and Disar-
mament Act is amended— 
22 use 2589, 
(1) by striking sections 49 and 50; 
^^^^- 
(2) by redesignating sections 51 and 53 as sections 49 
22 use 2591, 
and 50, respectively; and 
^^^^- 
(3) by inserting after section 50 (as redesignated by para-
graph (2)) the following new sections: 
"ANNUAL REPORT TO CONGRESS 
President. 
"SEC. 51. (a) IN GENERAL.—Not later than January 31 of each 
22 use 2593a. 
year, the President shall submit to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate a report prepared by the Director, in con-
sultation with the Secretary of State, the Secretary of Defense, 
the Secretary of Energy, the Chairman of the Joint Chiefs of Staff, 
and the Director of Central Intelligence, on the status of United 
States policy and actions with respect to arms control, nonprolifera-
tion, and disarmament. Such report shall include— 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 499 
"(1) a detailed statement concerning the arms control and 
disarmament objectives of the executive branch of Government 
for the forthcoming year; 
"(2) a detailed statement concerning the nonproliferation 
objectives of the executive branch of Government for the forth-
coming year; 
"(3) a detailed assessment of the status of any ongoing 
arms control or disarmament negotiations, including a com-
prehensive description of negotiations or other activities during 
the preceding year and an appraisal of the status and prospects 
for the forthcoming year; 
"(4) a detailed assessment of the status of any ongoing 
nonproliferation negotiations or other activities, including a 
comprehensive description of the negotiations or other activities 
during the preceding year and an appraisal of the status and 
prospects for the forthcoming year; 
"(5) a detailed assessment of adherence of the United States 
to obligations imdertaken in arms control, nonproliferation, 
and disarmament agreements, including information on the 
policies and organization of each relevant agency or department 
of the United States to ensure adherence to such obligations, 
a description of national security programs with a direct bearing 
on questions of adherence to such obligations and of steps 
being taken to ensure adherence, and a compilation of any 
substantive questions raised during the preceding year and 
any corrective action taken; and 
"(6) a detailed assessment of the adherence of other nations 
to obligations undertaken in all arms control, nonproliferation, 
and disarmament agreements to which the United States is 
a participating state, including information on actions taken 
by each nation with regard to the size, structure, and disposi-
tion of its military forces in order to comply with arms control, 
nonproliferation, 
or disarmament 
agreements, 
and 
shall 
include, in the case of each agreement about which compliance 
questions exist— 
**(A) a description of each significant issue raised and 
efforts made and contemplated with the other participating 
state to seek resolution of the difficulty; 
"(B) an assessment of damage, if any, to the United 
States security and other interests; and 
"(C) recommendations as to any steps that should be 
considered to redress any damage to United States national 
security and to reduce compliance problems. 
"(b) CLASSIFICATION OF THE REPORT.—The report required by 
this section shall be submitted in unclassified form, with classified 
annexes, as appropriate. 
"PUBLIC ANNUAL REPORT ON WORLD MIUTARY EXPENDITURES AND 
ARMS TRANSFERS 
"SEC, 52. Not later than December 31 of each year, the Director 
Publi^tion. 
shall publish an unclassified report on world military expenditures 
^°^ 2593b. 
and arms transfers. Such report shall provide detailed, comprehen-
sive, and statistical information regarding military expenditures, 
arms transfers, armed forces, and related economic data for each 
country of the world. In addition, such report shall include pertinent 
in-depth analyses as well as highlights with respect to arms trans-
108 STAT. 500 
PUBLIC LAW 103-236—APR. 30, 1994 
fers 
and 
proliferation 
trends 
and 
initiatives 
affecting 
such 
developments.". 
22 use 2551 
(b) REPORT ON REVITALIZATION OF ACDA—Not later than 
"o<^^ 
December 31, 1995, the Director of the United States Arms Control 
and Disarmament Agencv shall submit to the Speaker of the House 
of Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a detailed report describing the actions 
that have been taken and that are imderway to revitalize the 
United States Arms Control and Disarmament Agency pursuant 
to the provisions of this part and the amendments made by this 
part. 
SEC. 718. FUNDING. 
(a) IN GENERAL.—Title IV of the Arms Control and Disar-
mament. Act, as amended by section 717, is further amended by 
adding at the end the following: 
"REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS 
22 u s e 2593c. 
" S E C . 53. (a) LIMITATION ON OBLIGATION AND EXPENDITURE 
OF FUNDS.—^Notwithstanding any other provision of law, for the 
fiscal year 1994 and for each subsequent year, any funds appro-
priated for the Agency shall not be available for obligation or 
expenditure— 
"(1) unless such funds are appropriated pursuant to an 
authorization of appropriations; or 
"(2) in excess of the authorized level of appropriations. 
"(b) SUBSEQUENT AUTHORIZATION.—^The limitation under sub-
section (a) shall not apply to the extent that an authorization 
v^ 
of appropriations is enacted after such funds are appropriated. 
"(c) APPLICATION.—^The provisions of this section— 
"(1) may not be superseded, except by a provision of law 
which specifically repeals, modifies, or supersedes the provi-
sions of this section; and 
"(2) shall not apply to, or affect in any manner, permanent 
appropriations, trust funds, and other similar accounts which 
are authorized by law and administered by the Agency. 
"TRANSFERS AND REPROGRAMMINGS 
22 use 2593d. 
«SEC. 54. (a) TRANSFER OF FUNDS.—Funds appropriated for 
the purpose of carrying out this Act may be allocated or transferred 
to any agency for such purpose. Sucn funds shall be available 
for obligation and expenditure in accordance with the authorities 
of this Act or in accordance with the authorities governing the 
activities of the agencies to which such funds are allocated or 
transferred. 
"(b) LIMITATION.—^Not more than 12 percent of any appropria-
tion made for the purpose of carrying out this Act shall be obligated 
or reserved during the last month of the fiscal year.". 
"(c) 
CONGRESSIONAL 
NOTIFICATION 
OF 
CERTAIN 
REPROGRAMMINGS.—Unless the Committee on Foreign Affairs of 
the House of Representatives and the Committee on Foreign Rela-
tions of the Senate are notified at least 15 days in advance of 
the proposed reprogramming, fimds appropriated to carry out this 
Act (other than funds to carry out title V) shall not be available 
for obligation or expenditure through any reprogramming of funds 
that— 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 501 
"(1) would create or eliminate a program, project, or activ-
ity; 
"(2) would increase funds or personnel by any means for 
any program, project, or activity for which funds have been 
denied or restricted by the Congress; 
"(3) would relocate an office or employees; 
**(4) would reorganize offices, programs, projects, or activi-
ties; 
"(5) would involve contracting out functions which had 
been performed by Federal employees; or 
"(6) would involve a reprogramming in excess of $1,000,000 
or 10 percent (whichever is less) and would— 
"(A) augment existing programs, projects, or activities, 
"(B) reduce by 10 percent or more the funding for 
any existing program, project, activity, or personnel 
approved by the Congress, or 
"(C) result from any general savings from a reduction 
in personnel that would result in a change in existing 
programs, activities, or projects approved by the Congress. 
"(d) LIMITATION ON END-OF-YEAR REPROGRAMMINGS.—Funds 
appropriated to carry out this Act (other than funds to carry out 
title V) shall not be available for obligation or expenditure through 
any reprogramming described in paragraph (1) during the last 
15 days in which such fimds are available for obligation or expendi-
ture (as the case may be) unless the notification required by that 
paragraph was submitted before that 15-day period.". 
SEC. 719. CONFORMING AMENDMENTS. 
(a) Section 2 (22 U.S.C. 2551) is amended— 
(1) in the second undesignated paragraph, by inserting 
", nonproliferation," after "Arms control"; and 
(2) in the second and third undesignated paragraphs, by 
inserting ", nonproliferation," after "arms control" each place 
it appears. 
(b) Section 28 (22 U.S.C. 2568) is amended— 
(1) in the first sentence, by striking "field of arms control 
and disarmament" and inserting "fields of arms control, non-
proliferation, and disarmament"; and 
(2) in the second sentence, by inserting ", nonproliferation," 
aff«r "arms control". 
(c) Section 31 (22 U.S.C. 2571) is amended— 
(1) in the text above paragraph (a), by striking "field of 
arms control and disarmament" each of the three places it 
appears and inserting "fields of arms control, nonproliferation, 
and disarmament"; 
(2) in the first sentence, by inserting "and nonproliferation" 
after disarmament; and 
(3) in the fourth sentence, by inserting ", nonproliferation," 
after "arms control" each of the eight places it appears. 
(d) Section 35 (22 U.S.C. 2575) is amended by inserting ", 
nonproliferation," after "arms control". 
(e) Section 36 (22 U.S.C. 2576) is amended— 
(1) by amending the section heading to read as follows: 
"ARMS CONTROL INFORMATION"; 
(2) by striking "(a)"; and 
(3) by inserting ", nonproliferation," aft«r "arms control" 
each of the two places it appears. 
108 STAT. 502 
PUBLIC LAW 103-236—APR. 30, 1994 
(f) Section 39 (22 U.S.C. 2579) is amended by inserting ", 
nonproliferation,'* after "arms control" each of the two places it 
appears. 
22 use 2591. 
(g) Section 49 (as redesignated by section 817(aX2)) is 
amended— 
(1) by striking "Soviet"; and 
(2) by inserting "of the former Soviet Union" after "affairs". 
PART 
B—AMENDMENTS 
TO 
THE 
ARMS 
EXPORT 
CONTROL 
ACT 
President. 
SEC. 731. LIMITATION 
ON AUTHORITY TO TRANSFER 
EXCESS 
DEFENSE ARTICLES. 
(a) TRANSFERS TO COUNTRIES ON THE SOUTHERN AND SOUTH-
EASTERN FLANK OF NATO.—Section 516(b) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j(b)) is amended— 
(1) by striking "and" at the end of paragraph (2); 
(2) by striking the period at the end of paragraph (3) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(4) the President first considers the effects of the transfer 
of the excess defense articles on the national technology and 
industrial base, particularly the extent, if any, to which the 
transfer reduces the opportunities of entities in the national 
technology £ind industrial base to sell new equipment to the 
coimtry or countries to which the excess defense articles are 
transferred.". 
(b) TRANSFERS TO COUNTRIES PARTICIPATING IN A COMPREHEN-
SIVE NATIONAL ANTINARCOTICS PROGRAM.—Section 517(0 
of 
the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321k(f)) is amended— 
(1) by striking "and" at the end of paragraph (2); 
(2) by striking the period at the end of paragraph (3) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(4) the President first considers the effects of the transfer 
of the excess defense articles on the national technology and 
industrial base, particularly the extent, if any, to which the 
transfer reduces the opportunities of entities in the national 
technology and industrial base to sell new equipment to the 
country or countries to which the excess defense articles are 
transferred.". 
(c) TRANSFERS TO COUNTRIES ELIGIBLE TO PARTICIPATE IN A 
FOREIGN MILITARY FINANCING PROGRAM.—Section 519(b) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2321m(b)) is amended— 
(1) by striking "and" at the end of paragraph (3); 
(2) by striking the period at the end of paragraph (4) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
' 
"(5) the President first considers the effects of the transfer 
of the excess defense articles on the national technology and 
industrial base, particularly the extent, if any, to which the 
transfer reduces the opportunities of entities in the national 
technology and industrial base to sell new equipment to the 
country or countries to which the excess defense articles are 
transferred.". 
PUBLIC LAW 103-236—APR. 30,1994 
108 STAT. 503 
(d) SALES FROM STOCK UNDER ARMS EXPORT CONTROL ACT.— 
Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is 
amended by adding at the end the following new subsection: 
"(k) Before entering into the sale under this Act of defense 
articles that are excess to the stocks of the Department of Defense, 
the President shall first consider the effects of the sale of the 
articles on the national technology and industrial base, particularly 
the extent, if any, to which the sale reduces the opportunities 
of entities in the national technology and industrial base to sell 
new equipment to the country or countries to which the excess 
defense articles are sold.". 
(e) LEASES UNDER ARMS EXPORT CONTROL ACT.—Section 61(a) 
of the Arms Export Control Act (22 U.S.C. 2796(a)) is amended— 
(1) by striking "and" at the end of paragraph (2); 
(2) by redesignating paragraph (3) as paragraph (4); 
(3) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) the President first considers the effects of the lease 
of the articles on the national technology and industrial base, 
particularly the extent, if any, to which the lease reduces the 
opportunities of entities in the national technology and indus-
trial base to sell new equipment to the country or countries 
to which the articles are leased; and"; and 
(4) in the matter following paragraph (4) (as redesignated 
by paragraph (2) of this subsection) by striking "paragraph 
(3)" each place it appears and inserting "paragraph (4)". 
SEC. 732. 
REPORTS 
UNDER 
THE 
ARMS 
EXPORT 
CONTROL ACT. 
(a) NUMBERED CERTIFICATIONS WITH RESPECT TO GOVERN-
MENT-TO-CTOVERNMENT SALES.—Section 36(bXl) of the Arms Export 
Control Act (22 U.S.C. 2776(bXl)) is amended— 
(1) by inserting after the second sentence the following 
new sentence: "Each such numbered certification shall contain 
an item indicating whether any offset agreement is proposed 
to be entered into in connection with such letter of offer to 
sell (if known on the date of transmittal of such certification)."; 
and 
(2) in subparagraph (C) by inserting "and a description 
from such contractor of any offset agreements proposed to be 
entered into in connection with such sale" after "sold". 
(b) NUMBERED CERTIFICATIONS WITH RESPECT TO COMMERCIAL 
EXPORTS.—Section 36(cXl) of the Arms Export Control Act (22 
U.S.C. 2776(cXl)) is amended— 
(1) by inserting aft«r the first sentence the following new 
sentence: "Each such numbered certification shall also contain 
an item indicating whether any offset agreement is proposed 
to be entered into in connection with such export (if known 
on the date of transmittal of such certification)."; and 
(2) in the third sentence by inserting "and a description 
from the person who has submitted the license application 
of any offset agreement proposed to be entered into in connec-
tion with such export (if known on the date of transmittal 
of such statement)" after "Secretary of Defense". 
(c) DEFINITIONS.—Section 36 of the Arms Export Control Act 
(22 U.S.C. 2776) is amended by adding at the end the following: 
"(e) For purposes of this section— 
108 STAT. 504 
PUBLIC LAW 103-236—APR. 30, 1994 
"(1) the term 'offset agreement' means an agreement, 
arrangement, or understanding between a United States sup-
plier of defense articles or defense services and a foreign country 
under which the supplier agrees to purchase or acquire, or 
to promote the purchsise or acquisition by other United States 
persons of, gooas or services produced, manufactured, grown, 
or extracted, in whole or in part, in that foreign coimtry in 
consideration for the purchase DV the foreign country of defense 
articles or defense service from the suppUer; and 
''(2) the term 'United States person means— 
"(A) an individual who is a national or permanent 
resident alien of the United States; and 
"(B) any corporation, business association, partnership, 
trust, or other juridical entity— 
"(i) organized under the laws of the United States 
or any State, district, territory, or possession thereof; 
or 
"(ii) owned or controlled in fact by individuals 
described in subparagraph (A).". 
SEC. 733. PROHramON ON INCENTIVE PAYMENTS UNDER THE ARMS 
EXPORT CONTROL ACT. 
The Arms Export Control Act (22 U.S.C. 2779) is amended 
by inserting after section 39 the following new section: 
22 use 2779a. 
"SEC. 39A. PROmBITION ON INCENTIVE PAYMENTS. 
"(a) No United States supplier of defense articles or services 
sold under this Act, nor any employee, agent, or subcontractor 
thereof, shall, with respect to the sale of any such defense article 
or defense service to a foreign country, make any incentive pay-
ments for the purpose of satisfying, in whole or in part, any onset 
agreement with that coimtry. 
"(b) Anv person who violates the provisions of this section 
shall be subject to the imposition of civil penalties as provided 
for in this section. 
"(c) In the enforcement of this section, the President is author-
ized to exercise the same powers concerning violations and enforce-
ment and imposition of civil penalties which are conferred upon 
departments, agencies and officials by subsections (c), (d), (e), and 
(f) of section 11 of the Export Administration Act of 1979 and 
section 12(a) of such Act, subject to the same terms and conditions 
as are applicable to such powers under that Act, except that not-
withstanding section 11(c) of that Act, the civil penalty for each 
violation of this section may not exceed $500,000 or five times 
the amount of the prohibited incentive payment, whichever is 
greater. 
"(d) For purposes of this section— 
"(1) the term 'offset agreement* means an agreement, 
arrangement, or understanding between a United States sup-
plier of defense articles or defense services and a foreign country 
under which the supplier agrees to purchase or acquire, or 
to promote the purchase or acquisition by other United States 
persons of, goods or services produced, manufactured, grown, 
or extracted, in whole or in part, in that foreign country in 
consideration for the purchase by the foreign country of defense 
articles or defense services from the supplier; 
"(2) the term 'incentive payments' means direct monetary 
compensation made by a United States supplier of defense 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 505 
articles or defense services or l^ any employee, agent or sub-
contractor thereof to any other United States person to induce 
or persuade that United States person to purchase or acquire 
goods or services produced, manufactured, grown, or extracted, 
in whole or in part, in the foreign country which is purchasing 
those defense articles or services from tne United States sup-
plier; and 
"(3) the term *United States person' means— 
"(A) an individual who is a national or permanent 
resident alien of the United States; and 
''(B) any corporation, business association, partnership, 
trust, or other juridical entity— 
"(i) organized under the laws of the United States 
or any State, the District of Columbia, or any territory 
or possession of the United States; or 
**(ii) owned or controlled in fact by individuals 
described in subparagraph (A).". 
SEC. 734. MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE EAST-
ERN AND ASIAN COUNTRIES. 
(a) EXPORTS BY UNITED STATES PERSONS.—Section 72 of the 
Arms Export Control Act (22 U.S.C. 2797a) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following: 
"(c) PRESUMPTION.—In determining whether to apply sanctions 
under subsection (a) to a United States person involved in the 
export, transfer, or trade of an item on the MTCR Annex, it should 
be a rebuttable presumption that such item is designed for use 
in a missile listed in the MTCR Annex if the President determines 
that the final destination of the item is a countnr the government 
of which the Secretary of State has determined, for purposes of 
6(jXlXA) of the Export Administration Act of 1979, has repeatedly 
provided support for acts of international terrorism.". 
(b) EXPORTS BY FOREIGN PERSONS.—Section 73 of the Arms 
Export Control Act (22 U.S.C. 2797b) is amended— 
(1) by redesignating subsections (f) £uid (g) as subsections 
(g) and (h), respectively; and 
(2) by inserting after subsection (e) the following: 
"(0 PRESUMPTION.—In determining whether to apply sanctions 
under subsection (a) to a foreign person involved m the export, 
transfer, or trade of an item on the MTCR Annex, it should be 
a rebuttable presumption that such item is designed for use in 
a missile listed in the MTCR Annex if the President determines 
that the final destination of the item is a countnr the government 
of which the Secretary of State has determined, for purposes of 
6(jXlXA) of the Export Administration Act of 1979, has repeatedly 
provided support for acts of international terrorism.". 
SEC. 735. NOTIFICATION OF CONGRESS ON CERTAIN EVENTS INVOLV-
ING THE MISSILE TECHNOLOGY CONTROL REGIME (MTCR). 
(a) SALE OF DEFENSE ARTICLES OR SERVICES.—Section 36(bXl) 
of the Arms Export Control Act is amended by inserting after 
22 use 2776. 
"sensitivity of such technology." the following new sentence: "In 
a case in which such articles or services listed on the Missile 
Technology Control Regime Annex are intended to support the 
design, development, or production of a Category I space laimch 
vehicle system (as defined in section 74), such report shall include 
a description of the proposed export and rationale for approving 
108 STAT. 506 
PUBLIC LAW 103-236—APR. 30, 1994 
22 u s e 2776. 
22 u s e 2797. 
Reports. 
President. 
Reports. 
22 u s e 2797b-l. 
such export, including the consistency of such export with United 
States missile nonprouferation poUpy. . 
(b) EXPORT OF MAJOR DEFENSE EQUIPMENT.—Section 36(cXl) 
of the Arms Export Control Act is amended by inserting after 
'Hn consultation with the Secretary of Defense." uie following new 
sentence: I n a case in which such articles or services are listed 
on the Missile TechnologQr Control Regime Annex and are intended 
to support the design, aevelopment, or production of a Category 
I space launch vehicle system (as defined in section 74), such 
report shall include a description of the proposed export and ration-
ale for approving such export, including the consistency of such 
export with United States missile nonproliferation policy.". 
(c) LICENSING.—Section 71 of the Arms Export Control Act 
is amended by inserting after subsection (c) the following new 
subsection: 
"(d) EXPORTS TO SPACE LAUNCH VEHICLE PROGRAMS.—Within 
15 days after the issuance of a license for the export of items 
valued at less than $14,000,000 that are controlled imder this 
Act pursuant to United States obligations under the Missile Tech-
nology Control Regime and intended to support the design, develop-
ment, or production of a space laimch vehicle system listed m 
Cat^ory I of the MTCR Annex, the Secretary shall transmit to 
the Congress a report describing the licensed export and rationale 
for approving such export, including the consistent of such export 
with United States missile nonproliferation poUcy. The requirement 
contained in the preceding sentence shall not apply to licenses 
for exports to countries that were members of the MTCR as of 
April 17,1987. 
(d) NOTIFICATION OF ADMITTANCE ON MTCR ADHERENTS.—The 
Arms Export Control Act is amended by inserting after section 
73 the following new section: 
'^EC. 73A. NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS. 
"Following any action by the United States that results in 
a country becoming a MTCR adherent, the President shsdl transmit 
promptly to the Congress a report which describes the rationale 
for such action, together with an assessment of that country's 
nonproliferation policies, practices, and commitments. Such report 
shall also include the text of any agreements or understandings 
between the United States and such coimtry regarding the terms 
and conditions of the countrjr's adherence to the MTCR.". 
SEC. 736. CONTROL OF REEXPORTS TO TERRORIST COUNTRIES. 
Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2405(j)) is amended by adding at the end the following new 
paragraph: 
"(5) The Secretary and the Secretary of State shall include 
in the notification required by p£u>agraph (2)— 
"(A) a detailed description of the goods or services 
to be offered, including a brief description of the capabilities 
of any article for which a license to export is sought; 
"(B) the reasons why the foreign country or inter-
national organization to which the export or transfer is 
proposed to be made needs the goods or services which 
are the subject of such export or transfer and a description 
of the manner in which such country or organization 
intends to use such articles, services, or design and 
construction services; 
( 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 507 
**(C) the reasons why the proposed export or transfer 
is in the national interest of the United States; 
"(D) an analysis of the impact of the proposed export 
or transfer on the military capabilities of the foreign coim-
try or international organization to which such export or 
transfer would be made; 
"(E) an analysis of the manner in which the proposed 
export would affect the relative military strengths of coun-
tries in the region to which the goods or services which 
are the subject of such export would be delivered and 
whether other countries in the region have comparable 
kinds and amounts of articles, services, or design and 
construction services; and 
"(F) an analysis of the impact of the proposed export 
or transfer on the United States relations with the coun-
tries in the region to which the goods or services which 
are the subject of such export wouldbe delivered.". 
TITLE VIII—NUCLEAR PROLIFERATION 
PREVENTION ACT 
Nuclear 
Proliferation 
Prevention Act 
of 1994. 
SEC. 801. SHORT TITLE. 
22 USC 3201 
This title may be cited as the "Nuclear Proliferation Prevention 
Act of 1994". 
PART 
A—REPORTING 
ON 
NUCLEAR 
EXPORTS 
SEC. 811. REPORTS TO CONGRESS. 
Section 601(a) of the Nuclear Non-Proliferation Act of 1978 
(22 U.S.C. 3281(a)) is amended— 
(1) in paragraph (4), by striking "and" after the semicolon; 
(2) in paragraph (5), by striking the period and inserting 
a semicolon; and 
(3) by adding after paragraph (5) the following: 
"(6) a description of the implementation of nuclear and 
nuclear-related dual-use export controls in the preceding cal-
endar year, including a summary by tjrpe of commodity and 
destination o
f
— 
"(A) all transactions for which— 
"(i) an export license was issued for any good con-
trolled under section 309(c) of this Act; 
"(ii) an export license was issued under section 
109 b. of the 1954 Act; 
"(iii) approvals were issued under the Export 
Administration Act of 1979, or section 109 b.(3) of 
the 1954 Act, for the retransfer of any item, technical 
data, component, or substance; or 
"(iv) authorizations were made as required by sec-
tion 57 b.(2) of the 1954 Act to engage, directly or 
indirectly, in the production of special nuclear material; 
"(B) each instance in which— 
"(i) a sanction has been imposed under section 
821(a) or section 824 of the Nuclear Proliferation 
Prevention Act of 1994 or section 102(bXl) of the Arms 
Export Control Act; 
108 STAT. 508 
PUBLIC LAW 103-236—APR. 30, 1994 
''(ii) sales or leases have been denied under section 
3(f) of the Arms Export Control Act or transactions 
prohibited by reason of acts relating to proliferation 
of nuclear explosive devices as described in section 
40(d) of that Act; 
"(iii) a s£inction has not been imposed by reason 
of section 821(cX2) of the Nuclear Proliferation Preven-
tion Act of 1994 or the imposition of a sanction has 
been delayed under section 102(b)(4) of the Arms 
Export Control Act; or 
"(iv) a waiver of a sanction has been made imder— 
"(I) section 821(f) or section 824 of the Nuclear 
Proliferation Prevention Act of 1994, 
"(II) section 620E(d) of the Foreign Assistance 
Act of 1961, or paragraph (5) or (6)(B) of section 
102(b) of the Arms Export Control Act, 
"(III) section 40(g) of the Arms Export Control 
Act with respect to the last sentence of section 
40(d) of that Act, or 
"(IV) section 614 of the Foreign Assistance 
Act of 1961 with respect to section 620E of that 
Act or section 3(f), the last sentence of section 
40(d), or 102(bXl) of the Arms Export Control 
Act; and 
"(C) the progress of those independent states of the 
former Soviet Union that are non-nuclear-weapon states 
and of the Baltic states towards achieving the objective 
of applying full scope safeguards to all their peacefiil 
nuclear activities. 
Portions of the information required by paragraph (6) may be 
submitted in classified form, as necessary. Any such information 
that may not be published or disclosed under section 12(cXl) of 
the Export Administration Act of 1979 shall be submitted as con-
fidential.". 
22 use 3201 
PART B—SANCTIONS FOR NUCLEAR 
note. 
_ 
. 
_ 
PROLIFERATION 
SEC. 821. IMPOSITION OF PROCUREMENT SANCTION ON PERSONS 
ENGAGING IN EXPORT ACTIYITIES THAT CONTRIBUTE TO 
PROUFERATION. 
(a) DETERMINATION BY THE PRESIDENT.— 
(1) IN GENERAL.—Except as provided in subsection (bX2), 
the President shall impose the sanction described in subsection 
(c) if the President determines in writing that, on or after 
the effective date of this part, a foreign person or a United 
States person has materially and with requisite knowledge 
contributed, through the export from the United States or any 
other country of any goods or technology (as defined in section 
830(2)), to the efforts by any individual, group, or non-nuclear-
weapon state to acquire unsafeguarded special nuclear material 
or to use, develop, produce, stockpile, or otherwise acquire 
any nuclear explosive device. 
(2) 
PERSONS AGAINST WHICH THE SANCTION IS TO BE 
IMPOSED.—^The sanction shall be imposed pursuant to para-
graph (1) on— 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 509 
(A) the foreign person or United States person with 
respect to which the President makes the determination 
described in that paragraph; 
(B) any successor entity to that foreign person or 
United States person; 
(C) any foreign person or United States person that 
is a parent or subsidiary of that person if that parent 
or subsidiary materially and with requisite knowledge 
assisted in the activities which were the basis of that 
determination; and 
(D) any foreign person or United States person that 
is an affiliate of that person if that afiiliate materially 
and with requisite knowledge assisted in the activities 
which were the basis of that determination and if that 
affiliate is controlled in fact by that person. 
(3) OTHER SANCTIONS AVAILABLE.—The sanction which is 
required to be imposed for activities described in this subsection 
is in addition to any other sanction which may be imposed 
for the same activities under any other provision of law. 
(4) DEFINITION.—For purposes of this subsection, the term 
''requisite knowledge" means situations in which a person 
"knows", as "knowing" is defined in section 104 of the Foreign 
Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2). 
(b) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERN-
MENT OF JURISDICTION.— 
(1) CONSULTATIONS.—If the President makes a determina-
tion described in subsection (aXD with respect to a foreign 
person, the Congress urges the President to initiate consulta-
tions immediately with the government with primary jurisdic-
tion over that foreign person with respect to the imposition 
of the sanction pursuant to this section. 
(2) ACTIONS BY GOVERNMENT OF JURISDICTION.—In order 
to pursue such consultations with that government, the Presi-
dent may delay imposition of the sanction pursuant to this 
section for up to 90 days. Following these consultations, the 
President shall impose the sanction unless the President de-
termines and certifies in writing to the Congress that that 
government has taken specific and effective actions, including 
appropriate penalties, to terminate the involvement of the for-
eign person in the activities described in subsection (aXD. 
The President may delay the imposition of the sanction for 
up to an additional 90 days if the President determines and 
certifies in writing to the Congress that that government is 
in the process of taking the actions described in the preceding 
sentence. 
(3) REPORT TO CONGRESS.—Not later than 90 days after 
making a determination under subsection (a)(1), the President 
shall submit to the Committee on Foreign Relations and the 
Committee on Governmental Affairs of the Senate and the 
Committee on Foreign Affairs of the House of Representatives 
a report on the status of consultations with the appropriate 
government under this subsection, and the basis for any deter-
mination under paragraph (2) of this subsection that such 
government has taken specific corrective actions. 
(c) SANCTION.— 
(1) DESCRIPTION OF SANCTION.—^The sanction to be imposed 
pursuant to subsection (aXD is, except as provided in paragraph 
President. 
President. 
108 STAT. 510 
PUBLIC LAW 103-236—APR. 30, 1994 
(2) of this subsection, that the United States Government shall 
not procure, or enter into any contract for the procurement 
of, any goods or services from any person described in sub-
section (aX2). 
(2) ExCEPTlONS.^The President shall not be required to 
apply or maintain the sanction under this section— 
(A) in the case of procurement of defense articles or 
defense services— 
(i) under existing contracts or subcontracts, includ-
ing the exercise of options for production quantities 
to satisfy requirements essential to the national secu-
rity of the United States; 
(ii) if the President determines in writing that 
the person or other entity to which the sanction would 
otherwise be applied is a sole source supplier of the 
defense articles or services, that the defense articles 
or services are essential, and that alternative sources 
are not readily or reasonably available; or 
(iii) if the President determines in writing that 
such articles or services are essential to the national 
security under defense coproduction agreements; 
(B) to products or services provided under contracts 
entered into before the date on which the President pub-
lishes his intention to impose the sanction; 
(Oto— 
(i) spare parts which are essential to United States 
products or production; 
(ii) component parts, but not finished products, 
essential to United States products or production; or 
(iii) routine servicing and maintenance of products, 
to the extent that alternative sources are not readily 
or reasonably available; 
(D) to information and technology essential to United 
States products or production; or 
(E) to medical or other humanitarian items. 
(d) ADVISORY OPINIONS.—^Upon the request of any person, the 
Secretary of State may, in consultation with the Secretary of 
Defense, issue in writing an advisory opinion to that person as 
to whether a proposed activity by that person would subject that 
person to the sanction under this section. Any person who relies 
m good faith on such an advisory opinion which states that the 
proposed activity would not subject a person to such sanction, 
and any person who thereafter engages in such activity, may not 
be made subject to such sanction on accoimt of such activity. 
(e) TERMINATION OF THE SANCTION.—The sanction imposed 
pursuant to this section shall apply for a period of at least 12 
months following the imposition of the sanction and shall cease 
to apply thereafter only if the President determines and certifies 
in writing to the Congress that— 
(1) reliable information indicates that the foreign person 
or United States person with respect to which the determination 
was made under subsection (aXl) has ceased to aid or abet 
any individual, group, or non-nuclear-weapon state in its efforts 
to acquire unsafeguarded special nuclear material or any 
nuclear explosive device, as described in that subsection; and 
(2) the President has received reliable assurances from 
the foreign person or United States person, as the case may 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 511 
be, that such person will not, in the future, aid or abet any 
individual, group, or non-nuclear-weapon state in its efforts 
to acquire unsafeguarded special nuclear material or any 
nuclear explosive device, as described in subsection (a)(1). 
(f) WAIVER.— 
(1) CRITERION FOR WAIVER.—The President may waive the 
application of the sanction imposed on any person pursuant 
to this section, after the end of the 12-month period beginning 
on the date on which that sanction was imposed on that person, 
if the President determines and certifies in writing to the 
Congress that the continued imposition of the sanction would 
have a serious adverse effect on vital United States interests. 
(2) NOTIFICATION OF AND REPORT TO CONGRESS.—If the 
President decides to exercise the waiver authority provided 
in paragraph (1), the President shall so notify the Congress 
not less than 20 days before the waiver takes effect. Such 
notification shall include a report fully articulating the rationale 
and circumstances which led the President to exercise the 
waiver authority. 
SEC. 822. EUGIBILITY FOR ASSISTANCE. 
(a) AMENDMENTS TO THE ARMS EXPORT CONTROL ACT.— 
(1) PROHIBITION.—Section 3 of the Arms Export Control 
Act (22 U.S.C. 2753) is amended by adding at the end the 
following new subsection: 
"(f) No sales or leases shall be made to any country that 
the President has determined is in material breach of its binding 
commitments to the United States under international treaties 
or agreements concerning the nonproliferation of nuclear explosive 
devices (as defined in section 830(4) of the Nuclear Proliferation 
Prevention Act of 1994) and unsafeguarded special nuclear material 
(as defined in section 830(8) of that Act).". 
(2) DEFINITION OF SUPPORT FOR INTERNATIONAL TERROR-
ISM.—Section 40 of such Act (22 U.S.C. 2780) is amended— 
(A) in subsection (d), by adding at the end the following 
new sentence: "For purposes of this subsection, such acts 
shall include all activities that the Secretary determines 
willfully aid or abet the international proliferation of 
nuclear explosive devices to individuals or groups or will-
fully aid or abet an individual or groups in acquiring 
unsafeguarded special nuclear material."; and 
(B) in subsection (1)— 
(i) in paragraph (2), by striking "and" after the 
semicolon; 
(ii) in paragraph (3), by striking the period at 
the end and inserting a semicolon; and 
(iii) by adding at the end the following: 
"(4) the term 'nuclear explosive device' has the meaning 
^ven that term in section 830(4) of the Nuclear Proliferation 
Prevention Act of 1994; and 
"(5) the term 'unsafeguarded special nuclear material' has 
the meaning given that term in section 830(8) of the Nuclear 
Proliferation Prevention Act of 1994.". 
(b) FOREIGN ASSISTANCE ACT OF 1961.— 
(1) PRESIDENTIAL DETERMINATION 82-7.—Notwithstanding 
any other provision of law, Presidential Determination No. 
82-7 of February 10, 1982, made pursuant to section 670(a)(2) 
108 STAT. 512 
PUBLIC LAW 103-236—APR. 30, 1994 
of the Foreign Assistance Act of 1961, shall have no force 
or effect with respect to any grounds for the prohibition of 
assistance under section 102(aXl) of the Arms Export Control 
Act arising on or after the effective date of this part. 
(2) AMENDMEhfT.—Section 620E(d) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2375(d)) is amended to read as 
follows: 
**(d) The President may wpive the prohibitions of section 101 
of the Arms Export Control A;t with respect to any grounds for 
the prohibition of assistance under that section arising before the 
effective date of part B of the Nuclear Proliferation Prevention 
Act of 1994 to provide assistance to Pakistan if he determines 
that to do so is in the national interest of the United States.". 
SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS. 
(a) IN GENERAL.—^The Secretary of the Treasury shall instruct 
the United States executive director to each of the international 
financial institutions described in section 701(a) of the International 
Financial Institutions Act (22 U.S.C. 262d(a)) to use the voice 
and vote of the United States to oppose any use of the institution's 
funds to promote the acquisition of unsafeguarded special nuclear 
material or the development, stockpiling, or use of any nuclear 
explosive device by any non-nuclear-weapon state. 
(b) DUTIES OF UNITED STATES EXECUTIVE DIRECTORS.—Section 
701(bX3) of the International Financial Institutions Act (22 U.S.C. 
262d(b)(3)) is amended to read as follows: 
"(3) whether the recipient country— 
"(A) is seeking to acquire unsafeguarded 
special 
nuclear material (as defined in section 830(8) of the Nuclear 
Proliferation Prevention Act of 1994) or a nuclear explosive 
device (as defined in section 830(4) of that Act); 
"(B) is not a State Party to the Treaty on the Non-
Proliferation of Nuclear Weapons; or 
"(C) has detonated a nuclear explosive device; and". 
SEC. 82^;. PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION 
THROUGH THE PROVISION OF FINANCING. 
(a) PROHIBITED ACTIVITY DEFINED.—For purposes of this sec-
tion, the term "prohibited activity" means the act of knowingly, 
materially, and directly contributing or attempting to contribute, 
through the provision of financing, to— 
(1) the acquisition of unsafeguarded special nuclear mate-
rial; or 
(2) the use, development, production, stockpiling, or other 
acquisition of any nuclear explosive device, 
by any individual, group, or non-nuclear-weapon state. 
(b) PROHIBITION.—To the extent that the United States has 
jurisdiction to prohibit such activity by such person, no United 
States person and no foreign person may engage in any prohibited 
activity. 
(c) PRESIDENTIAL DETERMINATION AND ORDER WITH RESPECT 
TO UNITED STATES AND FOREIGN PERSONS.—If the President deter-
mines, in writing after opportunity for a hearing on the record, 
that a United States person or a foreign person has engaged in 
a prohibited activity (without regard to whether subsection (b) 
applies), the President shall, by order, impose the sanctions 
described in subsection (d) on such person. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 513 
(d) SANCTIONS.—^The following sanctions shall be imposed 
pursuant to any order issued under subsection (c) with respect 
to any United States person or any foreign person: 
(1) BAN ON DEALINGS IN GOVERNMENT FINANCE.— 
(A) DESIGNATION AS PRIMARY DEALER.—Neither the 
Board of Governors of the Federal Reserve System nor 
the Federal Reserve Bank of New York may designate, 
or permit the continuation of any prior designation of, 
the person as a primary dealer in United States Grovem-
ment debt instruments. 
(B) SERVICE AS DEPOSITARY.—The person may not serve 
as a depositary for United States Government funds. 
(2) RESTRICTIONS ON OPERATIONS.—^The person may not, 
directly or indirectly— 
(A) commence any line of business in the United States 
in which the person was not engaged as of the date of 
the order; or 
(B) conduct business from any location in the United 
States at which the person did not conduct business as 
of the date of the order. 
(e) JUDICIAL REVIEW.—^Any determination of the President 
under subsection (c) shall be subject to iudicisd review in accordance 
with chapter 7 of part I of title 5, United States Code. 
(f) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERNMENT 
OF JURISDICTION.— 
(1) CONSULTATIONS.—If the President makes a determina-
tion under subsection (c) with respect to a foreign person, 
the Congress urges the President to initiate consultations 
immediately with any appropriate foreign government with 
respect to the imposition of any sanction pursuant to this 
section. 
^
^ 
(2) ACTIONS BY GOVERNMENT OF JURISDICTION.— 
(A) SUSPENSION OF PERIOD FOR IMPOSING SANCTIONS.— 
In order to pursue consultations described in paragraph 
(1) with any government referred to in such paragraph, 
the President may delay, for up to 90 days, the effective 
date of an order under subsection (c) imposing any sanction. 
(B) 
COORDINATION 
WITH 
ACTIVITIES OF FOREIGN 
GOVERNMENT.—^Following consultations described in para-
graph (1), the order issued by the President under sub-
section (c) imposing any sanction on a foreign person shall 
take effect unless the President determines, and certifies 
in writing to the Congress, that the government referred 
to in paragraph (1) has taken specific and effective actions, 
including the imposition of appropriate penalties, to termi-
nate the involvement of the foreign person in any prohibited 
activity. 
(C) EXTENSION OF PERIOD.—After the end of the period 
described in subparagraph (A), the President may delay, 
for up to an additional 90 days, the effective date of an 
order issued under subsection (b) imposing any sanction 
on a foreign person if the President determines, and cer-
tifies in writing to the Congress, that the appropriate for-
eign government is in the process of taking actions 
described in subparagraph (B). 
(3) REPORT TO CONGRESS.—^Before the end of the 90-day 
period beginning on the date on which an order is issued 
108 STAT. 514 
PUBLIC LAW 103-236—APR. 30, 1994 
under subsection (c), the President shall submit to the Congress 
a report on— 
__ 
(A) the status of consultations under this subsection 
with the government referred to in paragraph (1); and 
(B) the basis for any determination iinder paragraph 
(2) that such government has taken specific corrective 
actions, 
(g) TERMINATION OP THE SANCTIONS.—Any sanction imposed 
on any person pursuant to an order issued tmder subsection (c) 
shall— 
(1) remain in effect for a period of not less than 12 months; 
and 
(2) cease to apply after the end of such 12-month period 
only if the President determines, and certifies in voitmg to 
the Congress, that— 
(A) the person has ceased to engage in any prohibited 
activity; and 
(B) the President has received reliable assurances from 
such person that the person will not, in the future, engage 
in any prohibited activity. 
(h) WAIVER.—^The President may waive the continued applica-
tion of any sanction imposed on any person pursuant to an order 
issued imder subsection (c) if the Presiaent determines, and certifies 
in writing to the Congress, that the continued imposition of the 
sanction would have a serious adverse effect on the safety and 
soundness of the domestic or international financial system or on 
domestic or international payments systems. 
(i) ENFORCEMENT ACTION.—The Attorney (Jeneral may bring 
an action in an appropriate district court of the United States 
for injimctive and other appropriate relief with respect to— 
(1) £uiy violation of subsection (b); or 
(2) any order issued pursuant to subsection (c). 
(j) KNOWINGLY DEFINED.— 
(1) IN GENERAL.—For purposes of this section, the term 
"knowingly^ means the state of mind of a person with respect 
to conduct, a circumstance, or a result in which— 
(A) such person is aware that such person is engaging 
in such conduct, that such circumstance exists, or that 
such result is substantially certain to occur; or 
(B) such person has a firm belief that such cir-
cumstance exists or that such result is substantially certain 
to occur. 
(2) KNOWLEDGE OF THE EXISTENCE OF A PARTICULAR 
CIRCUMSTANCE.—If knowledge of the existence of a particular 
circumstance is required for an offense, such knowledge is 
established if a person is aware of a high probability of the 
existence of such circumstance, unless the person actually 
believes that such circumstance does not exist. 
(k) SCOPE OF APPLICATION.—This section shall apply with 
respect to prohibited activities which occur on or after the date 
this part takes effect. 
SEC. 825. EXPORT-IMPORT BANK. 
Section 2(bX4) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(bX4)) is amended in the first sentence by inserting 
afi«r "device" the following: "(as defined in section 830(4) of the 
Nuclear Proliferation Prevention Act of 1994), or that any country 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 515 
has willfully aided or abetted any non-nuclear-weapon state (as 
defined in section 830(5) of that Act) to acquire any such nuclear 
explosive device or to acquire iinsafeguarded special nuclear mate-
rial (as defined in section 83(K8) of that Act).". 
SEC. 
8
2
6
. 
AMENDMENT 
TO 
THE 
ARMS 
EXPORT 
CONTROL 
ACT. 
(a) IN GENERAL.—^The Arms Export Control Act is amended 
by adding at the end the following new chapter: 
"CHAPTER 10—NUCLEAR NONPROLIFERATION 
CONTROLS 
"SEC. 101. NUCLEAR ENRICHMENT TRANSFERS. 
22 USC 2799aa. 
"(a) PROHIBITIONS; SAFEGUARDS AND MANAGEMENT.—Except as 
provided in subsection (b) of this section, no funds made available 
to carry out the Foreign Assistance Act of 1961 or this Act may 
be used for the purpose of providing economic assistance (including 
assistance under chapter 4 of part II of the Foreign Assistance 
Act of 1961), providing military assistance or grant military edu-
cation and training, providing assistance under chapter 6 of part 
II of that Act, or extending military credits or making guarantees, 
to any country which the President determines delivers nuclear 
enrichment equipment, materials, or technology to any other coun-
try on or after August 4, 1977, or receives such equipment, mate-
rials, or technology from any other country on or after August 
4,1977, unless before such delivery— 
**(1) the supplying country and receiving country have 
reached agreement to place all such equipment, materials, or 
technology, upon delivery, under multilateral auspices and 
management when available; and 
"(2) the recipient country has entered into an agreement 
with the International Atomic Energy Agency to place all such 
equipment, materials, technology, and all nuclear fuel and 
facilities in such country under the safeguards system of such 
Agency. 
"(b) CERTIFICATION BY PRESIDENT OF NECESSITY OF CONTINUED 
ASSISTANCE; DISAPPROVAL BY CONGRESS.—(1) Notwithstanding sub-
section (a) of this section, the President may furnish assistance 
which would otherwise be prohibited imder such subsection if he 
determines and certifies in writing to the Speaker of the House 
of Representatives and the Committee on Foreign Relations of the 
Senate that— 
"(A) the termination of such assistance would have a seri-
ous adverse effect on vital United States interests; and 
"(B) he has received reliable assurances that the country 
in question will not acquire or develop nuclear weapons or 
assist other nations in doing so. 
Such certification shall set forth the reasons supporting such deter-
mination in each particular case. 
"(2)(A) A certification under paragraph (1) of this subsection 
shall take effect on the date on which the certification is received 
by the Congress. However, if, within thirty calendar days after 
receiving this certification, the Congress enacts a joint resolution 
stating m substance that the Congress disapproves the furnishing 
of assistance pursuant to the certification, then upon the enactment 
of that resolution the certification shall cease to be effective and 
108 STAT. 516 
PUBLIC LAW 103-236—APR. 30, 1994 
all deliveries of assistance furnished under the authority of that 
certification shall be suspended immediately. 
"(B) Any joint resolution imder this paragraph shall be consid-
ered in the Senate in accordance with the provisions of section 
601(b) of the International Seciuity Assistance and Arms Export 
Control Act of 1976. 
2799aa-l. 
President. 
*«£€. 102. NUCLEAR REPROCESSING TRANSFERS, ILLEGAL EXPORTS 
22^USC 
FOR NUCLEAR EXPLOSIVE DEVICES, TRANSFERS OF 
NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR DETONA-
TIONS. 
"(a) PROHIBITIONS ON ASSISTANCE TO COUNTRIES INVOLVED IN 
TRANSFER OF NUCLEAR REPROCESSING EQUIPMENT, MATERIALS, OR 
TECHNOLOGY; EXCEPTIONS; PROCEDURES APPLICABLE.—(1) Except 
as provided in paragraph (2) of this subsection, no funds made 
available to carry out the Foreign Assistance Act of 1961 or this 
Act may be used for the purpose of providing economic assistance 
(including assistance imder chapter 4 of part II of the Foreign 
Assistance Act of 1961), providing military assistance or grant 
military education and training, providing assistance under chapter 
6 of part II of that Act, or extending military credits or making 
guarantees, to any country which the President determines— 
"(A) delivers nuclear reprocessing equipment, materials, 
or technology to any other coimtry on or after August 4, 1977, 
or receives such equipment, materials, or technology from any 
other country on or after August 4, 1977 (except for the transfer 
of reprocessing technology associated with the investigation, 
under international evaluation programs in which the United 
States participates, of technologies which are alternatives to 
pure plutonium reprocessing), or 
"(B) is a non-nuclear-weapon state which, on or after 
August 8, 1985, exports illegally (or attempts to export illegally) 
from the United States any material, equipment, or technology 
which would contribute significantly to the ability of such coun-
try to manufacture a nuclear explosive device, if the President 
determines that the material, equipment, or technology was 
to be used by such country in the manufacture of a nuclear 
explosive device. 
For purposes of clause (B), an export (or attempted export) by 
a person who is an agent of, or is otherwise acting on behalf 
of or in the interests of, a country shall be considered to be an 
export (or attempted export) by that country. 
"(2) Notwithstanding paragraph (1) of this subsection, the Presi-
dent in any fiscal year may furnish assistance which would other-
wise be prohibited under that paragraph if he determines and 
certifies in writing during that fiscal year to the Speaker of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate that the termination of such assistance would be 
seriously prejudicial to the achievement of United States non-
proliferation objectives or otherwise jeopardize the common defense 
and security. The President shall transmit with such certification 
a statement setting forth the specific reasons therefor. 
"(3)(A) A certification under paragraph (2) of this subsection 
shall take effect on the date on which the certification is received 
by the Congress. However, if, within 30 calendar days after receiv-
ing this certification, the (Congress enacts a joint resolution stating 
in substance that the Congress disapproves the furnishing of assist-
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 517 
ance pursuant to the certification, then upon the enactment of 
that resolution the certification shall cease to be efTective and 
all deliveries of assistance furnished under the authority of that 
certification shall be suspended immediately. 
"(B) Any joint resolution under this paragraph shall be consid-
ered in the Senate in accordance with the provisions of section 
601(b) of the International Security Assistance and Arms Export 
Control Act of 1976. 
"(b) PROHIBITIONS ON ASSISTANCE TO COUNTRIES INVOLVED IN 
TRANSFER OR USE OF NUCLEAR EXPLOSIVE DEVICES; EXCEPTIONS; 
PROCEDURES APPLICABLE.—(1) Except as provided in paragraphs 
(4), (5), and (6), in the event that the President determines that 
any country, £ifler the effective date of part B of the Nuclear 
Proliferation Prevention Act of 1994— 
"(A) transfers to a non-nuclear-weapon state a nuclear 
explosive device, 
"(B) is a non-nuclear-weapon state and either— 
"(i) receives a nuclear explosive device, or 
"(ii) detonates a nuclear explosive device, 
"(C) tr£msfers to a non-nuclear-weapon state any design 
information or component which is determined by the President 
to be important to, and known by the transferring country 
to be intended by the recipient state for use in, the development 
or manufacture of any nuclear explosive device, or 
"(D) is a non-nuclear-weapon state and seeks and receives 
any design information or component which is determined by 
the President to be important to, and intended by the recipient 
state for use in, the development or manufacture of any nuclear 
explosive device, 
then the President shall forthwith report in writing his determina-
tion to the Congress and shall forthwith impose the sanctions 
described in paragraph (2) against that country. 
"(2) The sanctions referred to in paragraph (1) are as follows: 
"(A) The United States Government shall terminate assist-
ance to that coimtry under the Foreign Assistance Act of 1961, 
except for humanitarian assistance or food or other agricultural 
commodities. 
"(B) The United States Government shall terminate— 
"(i) sales to that country under this Act of any defense 
articles, defense services, or design and construction serv-
ices, and 
"(ii) licenses for the export to that country of any 
item on the United States Munitions List. 
"(C) The United States Government shall terminate all 
foreign military financing for that country under this Act. 
(D) The United States Government shall deny to that 
country any credit, credit guarantees, or other financial assist-
ance by any department, agency, or instrumentality of the 
United States Grovemment, except that the sanction of this 
subparagraph shall not apply— 
"(i) to any transaction subject to the reporting require-
ments of title V of the National Security Act of 1947 (relat-
ing to congressional oversight of intelligence activities), 
or 
"(ii) to humanitarian assistance. 
"(E) The United States Government shall oppose, in accord-
ance with section 701 of the International Financial Institutions 
108 STAT. 518 
PUBLIC LAW 103-236—APR. 30, 1994 
Act (22 U.S.C. 262d), the extension of any loan or financial 
or technical assistance to that country by any international 
financial institution. 
"(F) The United States Government shall prohibit any 
United States bank from making any loan or providing any 
credit to the government of that country, except for loans or 
credits for the purpose of purchasing food or other agricultural 
commodities. 
"(G) The authorities of section 6 of the Export Administra-
tion Act of 1979 shall be used to prohibit exports to that 
country of specific goods and technology (excluding food and 
other agricultural commodities), except that such prohibition 
shall not apply to any transaction subject to the reporting 
requiremente of title V of the National Security Act of 1947 
(relating to congressional oversight of intelligence activities). 
"(3) As used in this subsection— 
"(A) the term 'design information' means specific informa-
tion that relates to the design of a nuclear explosive device 
and that is not available to the public; and 
"(B) the term 'component* means a specific component of 
a nuclear explosive device. 
"(4XA) Notwithstanding paragraph (1) of this subsection, the 
President may, for a period of not more than 30 days of continuous 
session, delay the imposition of sanctions which would otherwise 
be required under paragraph (1)(A) or (IXB) of this subsection 
if the President first transmits to the Speaker of the House of 
Representatives, and to the chairman of the Committee on Foreign 
Relations of the Senate, a certification that he has determined 
that an immediate imposition of sanctions on that country would 
be detrimental to the national security of the United States. Not 
more than one such certification may be transmitted for a country 
with respect to the same detonation, transfer, or receipt of a nuclear 
explosive device. 
"(B) If the President transmits a certification to the Congress 
under subparagraph (A), a joint resolution which would permit 
the President to exercise the waiver authority of paragraph (5) 
of this subsection shall, if introduced in either House within thirty 
days of continuous session after the Congress receives this certifi-
cation, be considered in the Senate in accordance with subparagraph 
(C) of this paragraph. 
"(C) Any joint resolution under this paragraph shall be consid-
ered in the Senate in accordance with the provisions of section 
601(b) of the International Security Assistance and Arms Export 
Control Act of 1976. 
"(D) For purposes of this paragraph, the term "joint resolution" 
means a joint resolution the matter after the resolving clause of 
which is as follows: 'That the Congress having received on 
a certification by the President under section 102(bX4) of the Arms 
Export Control Act with respect to 
, the Congress hereby 
authorizes the President to exercise the waiver authority contained 
in section 102(bX5) of that Act.", with the date of receipt of the 
certification inserted in the first blank and the name of the country 
inserted in the second blank. 
"(5) Notwithstanding paragraph (1) of this subsection, if the 
Congress enacts a joint resolution under paragraph (4) of this 
subsection, the President may waive any sanction which would 
otherwise be required under paragraph (1)(A) or (1)(B) if he deter-
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 519 
mines and certifies in writing to the Speaker of t^e House of 
Representatives and the Committee on Foreign Relations of the 
Senate that the imposition of such sanction would be seriously 
prejudicial to the achievement of United States nonproUferation 
objectives or otherwise jeopardize the common defense and security. 
The President shall transmit with such certification a statement 
setting forth the specific reasons therefor. 
"(GXA) In the event the President is required to impose sanc-
tions against a coimtry under paragraph (IXC) or (IXD), the Presi-
dent shall forthwith so inform such coimtry and shall impose the 
required sanctions beginning 30 days after submitting to the Con-
gress the report required by paragraph (1) unless, and to the 
extent that, there is enacted during the 30-day period a law 
prohibiting the imposition of such sanctions. 
''(B) Notwithstanding any other provision of law, the sanctions 
which are required to be imposed against a coimtry under para-
graph (IXC) or (IXD) shall not apply if the President determines 
and certifies in writing to the Committee on Foreign Relations 
£md the Committee on Governmental Affairs of the Senate and 
the Committee on Foreign Affsdrs of the House of Representatives 
that the application of such sanctions against such country would 
have a serious adverse effect on vital United States interests. The 
President shall transmit with such certification a statement setting 
forth the specific reasons therefor. 
"(7) For purposes of this subsection, continuity of session is 
broken only by an adjournment of Congress sine die and the days 
on which either House is not in session because of an adjournment 
of more than three days to a day certain are excluded in the 
computation of any period of time in which Congress is in continu-
ous session. 
"(8) The President may not delegate or transfer his power, 
authority, or discretion to make or modify determinations under 
this subsection. 
"(c) NON-NUCLEAR-WEAPON STATE DEFINED.—As used in this 
section, the term 'non-nuclear-weapon state' means any country 
which is not a nuclear-weapon state, as defined in Article IX(3) 
of the Treaty on the Non-Prouferation of Nuclear Weapons. 
*«£€. 103. DEFDnnON OF NUCLEAR EXPLOSIVE DEVICE. 
"As used in this chapter, the term 'nuclear explosive device' 
has the meaning given that term in section 83(X4) of the Nuclear 
Proliferation Prevention Act of 1994.". 
(b) REPEALS.—Sections 669 and 670 of the Foreign Assistance 
Act of 1961 are hereby repealed. 
(c) REFERENCES IN LAW.—Any reference in law as of the date 
of enactment of this Act to section 669 or 670 of the Foreign 
Assistance Act of 1961 shall, after such date, be deemed to be 
a reference to section 101 or 102, as the case may be, of the 
Arms Export Control Act. 
SEC. 827. REWARD. 
Section 36(a) of the Stete Department Basic Authorities Act 
of 1956 (22 U.S.C. 2708(a)) is amended— 
(1) bv redesignating paragraphs (1) through (3) £
U
3 subpara-
graphs (A) through (C), respectively; 
(2) by inserting "(1)" after "(a)'^ and 
(3) by adding at tiie end the following: 
22 use 
2799aa-2. 
22 use 2429, 
2429a. 
79-194 O—95—18: QL 3 Parti 
108 STAT. 520 
PUBLIC LAW 103-236—APR. 30, 1994 
"(2) For purposes of this subsection, the term 'act of inter-
national terrorism' includes any act substantially contributing to 
the acquisition of unsafeguarded special nuclear material (as 
defined in section 830(8) of the Nuclear Proliferation Prevention 
Act of 1994) or any nuclear explosive device (as defined in section 
830(4) of that Act) by an individual, group, or non-nuclear-weapon 
state (as defined in section 830(5) of that Act).". 
SEC. 828. REPORTS. 
(a) CONTENT OF A C D A ANNUAL REPORT.—Section 51(a) of the 
22 use 2593a. 
Arms Control and Disarmament Act, as inserted by this Act, is 
amended— 
(1) by striking "and" at the end of paragraph (5); 
(2) b>r striking the period at the end of paragraph (6) 
and inserting "; and"; 
(3) by adding after paragraph (6) the following new para-
graph: 
"(7) a discussion of any material noncompliance by foreign 
governments with their binding commitments to the United 
States with respect to the prevention of the spread of nuclear 
explosive devices (as defined in section 830(4) of the Nuclear 
Proliferation Prevention Act of 1994) by non-nuclear-weapon 
states (as defined in section 830(5) of that Act) or the acquisition 
by such states of unsafeguarded special nuclear material (as 
defined in section 830(8) of that Act), including— 
"(A) a net assessment of the aggregate military signifi-
cance of all such violations; 
"(B) a statement of the compliance policy of the United 
States with respect to violations of those commitments; 
and 
"(C) what actions, if any, the President has taken 
or proposes to take to bring any nation committing such 
a violation into compliance with those commitments."; and 
(4) by adding at the end the following new subsection: 
President. 
"(c) REPORTING (ToNSECUTIVE NONCOMPLIANCE.—If the Presi-
dent in consecutive reports submitted to the Congress under this 
section reports that any designated nation is not in full compliance 
with its binding nonproliferation commitments to the United States, 
then the President shall include in the second such report an 
assessment of what actions are necessary to compensate for such 
violations.". 
(b) REPORTING ON DEMARCHES.—<1) It is the sense of the Con-
gress that the Department of State should, in the course of 
implementing its reporting responsibilities under section 602(c) of 
the Nuclear Non-Proliferation Act of 1978, include a summary 
of demarches that the United States has issued or received from 
foreign governments with respect to activities which are of signifi-
cance from the proliferation standpoint. 
(2) For purposes of this section, the term "demarche" means 
any official communication by one government to another, by writ-
ten or oral means, intended by the originating government to 
express— 
(A) a concern over a past, present, or possible future action 
or activity of the recipient government, or of a person within 
the jurisdiction of that government, contributing to the global 
spread of unsafeguarded special nuclear material or of nuclear 
explosive devices; 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 521 
(B) a re(}uest for the recipient government to coiinter such 
action or activity; or 
(C) both the concern and request described in subpara-
graphs (A) and (B). 
SEC. 829. TECHNICAL CORRECTION. 
Section 133 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
2160c) is amended by striking "20 kilograms" £ind inserting "5 
kilograms". 
SEC. 830. DEFINmONS. 
For purposes of this part— 
(1) the term "foreign person" means— 
(A) an individual who is not a citizen of the United 
States or an alien admitted for permanent residence to 
the United States; or 
(B) a corporation, partnership, or other nongovernment 
entity which is created or organized under tne laws of 
a foreign country or which has its principal place of busi-
ness outside the United States; 
(2) the term "goods or technology" means— 
(A) nuclear materials and equipment and sensitive 
nuclear technology (as such terms are defined in section 
4 of the Nuclear Non-Proliferation Act of 1978), all export 
items designated by the President pursuant to section 
309(c) of the Nuclear Non-Proliferation Act of 1978, and 
all technical assistance requiring authorization imder sec-
tion 57 b. of the Atomic Energy Act of 1954, and 
(B) in the case of exports from a coimtry other than 
the United States, any goods or technology that, if exported 
from the United States, would be goods or technology 
described in subparagraph (A); 
(3) the term "IAEA s£ifeguards" means the safeguards set 
forth in an agreement between a country and the International 
Atomic Energy Agency, as authorized by Article III(AX5) of 
the Statute of the mtemational Atomic Energy Agency; 
(4) the term "nuclear explosive device" means any device, 
whether assembled or disassembled, that is designed to produce 
an instantaneous release of an amount of nuclear energy from 
special nuclear material that is greater than the amount of 
energy that would be released from the detonation of one poimd 
of trinitrotoluene (TNT); 
(5) the term "non-nuclear-weapon state" means any country 
which is not a nuclear-weapon state, as defined by Article 
DC (3) of the Treaty on the Non-Proliferation of Nuclear Weap-
ons, signed at Washington, London, and Moscow on July 1, 
1968; 
(6) the term "special nuclear material" has the meaning 
given that term in section 11 aa. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014aa); 
(7) the term "United States person" means— 
(A) an individual who is a citizen of the United States 
or an alien admitted for permanent residence to the United 
States; or 
(B) a corporation, partnership, or other nongovernment 
entity which is not a foreign person; and 
(8) the term "imsafeguarded special nuclear material" 
means special nuclear material which is held in violation of 
108 STAT. 522 
PUBLIC LAW 103-236—APR. 30, 1994 
IAEA safeguards or not subject to IAEA safeguards (excluding 
any quantity of material that could, if it were exported from 
the United States, be exported under a general license issued 
by the Nuclear Regulatory Commission). 
SEC. 831. EFFECTIVE DATE. 
The provisions of this part, and the amendments made by 
this part, shall take effect 60 days after the date of the enactment 
of this Act. 
22 use 3201 
PART C—INTERNATIONAL ATOMIC ENERGY 
AGENCY 
SEC. 841. BILATERAL AND MULTILATERAL INITIATIVES. 
It is the sense of the Congress that in order to maintain 
and enhance international confidence in the effectiveness of IAEA 
safegu£irds and in other multilateral undertakings to halt the global 
proliferation of nuclear weapons, the United States should seek 
to negotiate with other nations and groups of nations, including 
the IAEA Board of Governors and the Nuclear Suppliers Group, 
to— 
(1) build international support for the principle that nuclear 
supply relationships must require purchasing nations to agree 
to full-scope international safeguards; 
(2) encourage each nuclear-weapon state within the mean-
ing of the Treaty to undertake a comprehensive review of 
its own procedures for declassifying information relating to 
the design or production of nuclear explosive devices and to 
investigate any measures that would reduce the risk of such 
information contributing to nuclear weapons proliferation; 
(3) encourage the deferral of efforts to produce weapons-
grade nuclear material for large-scale commercial uses until 
such time as safeguards are developed that can detect, on 
a timehr and reliable basis, the diversion of significant quan-
tities of such material for nuclear explosive purposes; 
(4) pursue greater financial support for the implementation 
and improvement of safeguards from all IAEA member nations 
with significant nuclear programs, particularly from those 
nations that are currently using or planning to use weapons-
grade nuclear material for commercial purposes; 
(5) arrange for the timely pajmient of annual financial 
contributions by all members of the IAEA, including the United 
States; 
(6) pursue the elimination of international commerce in 
highly enriched uranium for use in research reactors while 
encouraging multilateral cooperation to develop and to use 
low-enriched alternative nuclear fuels; 
(7) oppose efforts by non-nuclear-weapon states to develop 
or use unsafeguarded nuclear fuels for purposes of naval propul-
sion; 
(8) pursue an international open skies arrangement that 
would authorize the IAEA to operate surveillance aircraft and 
would facilitate IAEA access to satellite information for safe-
guards verification purposes; 
(9) develop an institutional means for IAEA member 
nations to share intelligence material with the IAEA on possible 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 523 
safeguards violations without compromising national security 
or intelligence sources or methods; 
(10) require any exporter of a sensitive nuclear facility 
or sensitive nuclear technology to a non-nuclear-weapon state 
to notify the IAEA prior to export and to require safeguards 
over that facility or technology, regardless of its destination; 
and 
(11) seek agreement among the parties to the Treaty to 
apply IAEA safeguards in perpetuity and to establish new 
limits on the right to withdraw from the Treaty. 
SEC. 
842. 
IAEA 
INTERNAL 
REFORMS. 
In order to promote the early adoption of reforms in the 
implementetion of the safeguards responsibilities of the IAEA, the 
Congress urges the President to negotiate with other nations and 
groups of nations, including the IAEA Board of Governors and 
the Nuclear Suppliers Group, t o ^ 
(1) improve the access of the IAEA within nuclear facilities 
that are capable of producing, processing, or fabricating special 
nuclear material suitable for use in a nuclear explosive device; 
(2XA) facilitate the IAEA's efforts to meet and to maintain 
its own goals for detecting the diversion of nuclear materials 
and equipment, giving particular attention to facilities in which 
there are bulk quantities of plutonium; and 
(B) if it is not technically feasible for the IAEA to meet 
those detection goals in a particular facility, require the IAEA 
to declare publicly that it is unable to do so; 
(3) enable the IAEA to issue fines for violations of safe-
guards procedures, to pay rewards for information on possible 
safeguards violations, and to establish a '^ot line" for the 
reporting of such violations and other illicit uses of weapons-
grade nuclear material; 
(4) establish safeguards at facilities engaged in the manu-
facture of equipment or material that is especially designated 
or prepared for the processing, use, or production of special 
fissionable material or, in the case of non-nuclear-weapon 
stetes, of any nuclear explosive device; 
(5) esteblish safeguards over nuclear research and develop-
ment activities and facilities; 
(6) implement special inspections of undeclared nuclear 
facilities, as provided for under existing safeguards procedures, 
and seek authority for the IAEA to conduct challenge inspec-
tions on demand at suspected nuclear sites; 
(7) expand the scope of safeguards to include tritium, ura-
niiun concentrates, and nuclear waste conteining special fission-
able material, and increase the scope of such safeguards on 
heavy water; 
(8) revise downward the IAEA's official minimum amoimts 
of nuclear material ^significant quantity") needed to make 
a nuclear explosive device and esteblish these amounts as 
national rather than facility stendards; 
(9) expand the use of full-time resident IAEA inspectors 
at sensitive fuel cycle facilities; 
(10) promote the use of near real time material accoiuitency 
in the conduct of safeguards at facilities that use, produce, 
or store significant quantities of special fissionable material; 
108 STAT. 524 
PUBLIC LAW 103-236—APR. 30, 1994 
(11) develop with other IAEA member nations an agree-
ment on procedures to expedite approvals of visa applications 
by IAEA inspectors; 
(12) provide the IAEA the additional funds, technical assist-
ance, and political support necessary to carry out the goals 
set forth in this subsection; and 
Public 
(13) make public the annual safeguards implementation 
information. 
report of the IAEA, establishing a public registry of commodities 
in international nuclear commerce, including dual-use goods, 
and creating a public repository of current nuclear trade control 
laws, agreements, regulations, and enforcement and judicial 
actions by IAEA member nations. 
President. 
SEC. 843. REPORTING REQUIREMENT. 
(a) REPORT REQUIRED.—The President shall, in the report 
required by section 601(a) of the Nuclear Non-Proliferation Act 
of 1978, describe— 
(1) the steps he has taken to implement sections 841 and 
842, and 
(2) the progress that has been made and the obstacles 
that have been encoimtered in seeking to meet the objectives 
set forth in sections 841 and 842. 
(b) CONTENTS OF REPORT.—^Each report under paragraph (1) 
shall describe— 
(1) the bilateral and multilateral initiatives that the Presi-
dent has taken during the period since the enactment of this 
Act in pursuit of each of the objectives set forth in sections 
841 and 842; 
(2) any obstacles that have been encountered in the pursuit 
of those initiatives; 
(3) any additional initiatives that have been proposed by 
other coimtries or international organizations to strengthen 
the implementation of IAEA safeguards; 
(4) all activities of the Federal Government in support 
of the objectives set forth in sections 841 and 842; 
(6) any recommendations of the President on additional 
measures to enhance the effectiveness of IAEA safeguards; 
and 
(6) any initiatives that the President plans to take in 
support of each of the objectives set forth in sections 841 
and 842. 
SEC. 844. DEFINTriONS. 
As used in this part— 
(1) the term "highly enriched uranium" means uranium 
enriched to 20 percent or more in the isotope U-235; 
(2) the term "IAEA" means the International Atomic 
Energy Agency; 
(3) the term "near real time material accountancy" means 
a method of accounting for the location, quantity, and disposi-
tion of special fissionable material at facilities that store or 
process such material, in which verification of peaceful use 
is continuously achieved by means of frequent physical inven-
tories and the use of in-process instrumentation; 
(4) the term "special fissionable material" has the meaning 
given that term by Article XX(1) of the Statute of the Inter-
national Atomic Energy Agency, done at the Headquarters of 
the United Nations on October 26,1956; 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 525 
(5) the term "the Treatjr" means the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Washington, Lon-
don, and Moscow on July 1,1968; and 
(6) the terms "IAEA safeguards", "non-nuclear-weapon 
state", "nuclear explosive device", and "specitd nuclear material" 
have the meanings given those terms in section 830 of this 
Act. 
P A R T D — T E R M I N A T I O N 
SEC. 851. TERMINATION UPON ENACTMENT OF NEXT FOREIGN RELA-
TIONS ACT. 
On the date of enactment of the first Foreign Relations 
Authorization Act that is enacted after the enactment of this Act, 
the provisions of parts A and B of this title shall cease to be 
effective, the amendments made by those parts shall be repealed, 
and any provision of law repealed by those parts shall be reenacted. 
TITLE IX—COMMISSION ON PROTECT-
ING AND REDUCING GOVERNMENT 
SECRECY 
SEC. 901. SHORT TITLE. 
This title may be cited as the "Protection and Reduction of 
Government Secrecy Act". 
SEC. 902. FINDINGS. 
The Congress makes the following findings: 
(1) During the Cold War an extensive secrecy system devel-
oped which limited public access to information and reduced 
the ability of the public to participate with full knowledge 
in the process of governmental decisionmaking. 
(2) In 1992 alone 6,349,532 documents were classified and 
approximately three million persons held some form of security 
clearance. 
(3) The burden of managing more than 6 million newly 
classified documents every year has led to tremendous adminis-
trative expense, reduced communication within the government 
and within the scientific community, reduced communication 
between the government and the people of the United States, 
and the selective and unauthorized public disclosure of classi-
fied information. 
(4) It has been estimated that private businesses spend 
more than $14 billion each year implementing government 
mandated regulations for protecting classified information. 
(5) If a smaller amoimt of t r u ^ sensitive information were 
classified the information could be held more securely. 
(6) In 1970 a Task Force org:anized by the Defense Science 
Bocird and headed by Dr. Frederick Seitz concluded that "more 
might be gained than lost if our Nation were to adopt—^unilater-
ally, if necessary—a policy of complete openness in all areas 
of information". 
(7) The procedures for granting security clearances have 
themselves become an expensive and inefficient part of the 
secrecy system and should be closely examined. 
22 u s e 3201 
note. 
Protection and 
Reduction of 
Government 
Secrecy Act. 
Classified 
information. 
50 u s e 401 note. 
108 STAT. 526 
PUBLIC LAW 103-236—APR. 30, 1994 
(8) A bipartisan stud^ commission specially constituted 
for the purpose of examinmg the consequences of the secrecy 
system will oe able to offer comprehensive proposals for reform. 
SEC. 903. PURPOSE. 
It is the purpose of this title to establish for a two-year period 
a Commission on Protecting and Reducing Government Secrecy— 
(1) to examine the implications of the extensive classifica-
tion of information and to make recommendations to reduce 
the volume of information classified and thereby to strengthen 
the protection of legitimately classified information; and 
(2) to examine and make recommendations concerning cur-
rent procedures relating to the granting of security clearances. 
SEC. 904. COMPOSITION OF THE COMMISSION. 
(a) ESTABLISHMENT.—^To carry out the purpose of this title, 
there is established a Commission on Protecting and Reducing 
Grovemment Secrecy (in this title referred to as the "Commission"). 
(b) COMPOSmoN.—^The Commission shall be composed of twelve 
members, as follows: 
President. 
(1) Four members appointed by the President, of whom 
two shall be appointed from the executive branch of the Govern-
ment and two shall be appointed from private life. 
(2) Two members appointed by the Majority Leader of 
the Senate, of whom one shall be a Member of the Senate 
and one shall be appointed from private life. 
(3) Two members appointed by the Minority Leader of 
the Senate, of whom one shall be a Member oi the Senate 
and one shall be appointed from private life. 
(4) Two members appointed by the Speaker of the House 
of Representatives, of whom one shall be a Member of the 
House and one shall be appointed from private life. 
(5) Two members appointed by the Minority Leader of 
the House of Representatives, of whom one shall be a Member 
of the House and one shall be appointed from private life. 
(c) CHAIRMAN.—^The Commission shall elect a Chairman from 
among its members. 
(d) 
QUORUM; 
VACANCIES.—Afler 
its 
initial 
meeting, 
the 
Commission shall meet upon the call of the Chairman or a majority 
of its members. Seven members of the Commission shall constitute 
a quorum. Any vacancy in the Commission shall not affect its 
powers but shall be filled in the same manner in which the original 
appointment was made. 
(e) APPOINTMENT OF MEMBERS; INITIAL MEETING.—(1) It is 
the sense of the Congress that members of the Commission should 
be appointed not later than 60 days after the date of enactment 
of this title. 
(2) If after 60 days from the date of enactment of this Act 
seven or more members of the Commission have been appointed, 
those members who have been appointed may meet and select 
a Chairman who thereafter shall have authority to begin the oper-
ations of the Commission, including the hiring of staff. 
SEC. 905. FUNCTIONS OF THE COMMISSION. 
The functions of the Commission shall be— 
(1) to conduct, for a period of 2 years from the date of 
its first meeting, an investigation into all matters in any way 
related to any legislation, executive order, regulation, practice. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 527 
or procedure relating to classified information or granting secu-
rity clearances; and 
(2) to submit to the Congress a final report containing Reports. 
such recommendations concerning the classification of national 
security information and the granting of security clearances 
as the Commission shall determine, including proposing new 
procedures, rules, regulations, or legislation. 
SEC. 906. POWERS OF THE COMMISSION. 
(a) IN GENERAL.—(1) The Commission or, on the authorization 
of the Commission, any subcommittee or member thereof, may, 
for the piupose of canying out the provisions of this title— 
(A) hold such hearings and sit and act at such times 
and places, take such testimony, receive such evidence, admin-
ister such oaths, and 
(B) require, by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production of such books, 
records, correspondence, memoranda, papers, and documents, 
as the Commission or such designated subcommittee or designated 
member may deem advisable. 
(2) Subpoenas issued under paragraph (1)(B) may be issued 
under the signature of the Chairman of the Commission, the chair-
man of any designated subcommittee, or any designated member, 
and may be served by any person designated by such Chairman, 
subcommittee chairman, or member. The provisions of sections 102 
through 104 of the Revised Statutes of the United States (2 U.S.C. 
192-194) shall apply in the case of any fedlure of any witness 
to comply with any subpoena or to testify when svunmoned under 
authority of this section. 
(b) CONTRACTING.—^The Commission may, to such extent and 
in such amoimts as are provided in appropriation Acts, enter into 
contracts to enable the Commission to discharge its duties under 
this title. 
(c) INFORMATION FROM FEDERAL AGENCIES.—The Commission 
is authorized to secure directly from any executive department, 
bureau, agency, board, commission, office, independent establish-
ment, or instrumentality of the Government information, sugges-
tions, estimates, and statistics for the purposes of this title. Each 
such department, bureau, agency, board, commission, 
office, 
establishment, or instrumentality shall, to the extent authorized 
by law, furnish such information, suggestions, estimates, and statis-
tics directly to the Commission, upon request made by the 
Chairman. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.—(1) The Secretaiy 
of State is authorized on a reimbursable or non-reimbursable basis 
to provide the Commission with administrative services, funds, 
facilities, staff, and other support services for the performance 
of the Commission's functions. 
(2) The Administrator of General Services shall provide to 
the Commission on a reimbursable basis such administrative sup-
port services as the Commission may request. 
(3) In addition to the assistance set forth in paragraphs (1) 
and (2), departments and agencies of the United States are author-
ized to provide to the Commission such services, funds, faciUties, 
staff, and other support services as they may deem advisable and 
as may be authorized by law. 
108 STAT. 528 
PUBLIC LAW 103-236—APR. 30, 1994 
(e) GIFTS.—^The Commission may accept, use, and dispose of 
gifts or donations of services or property. 
(f) POSTAL SERVICES.—^The Cfommission may use the United 
States mails in the same manner and under the same conditions 
as departments and agencies of the United States. 
SEC. 907. STAFF OF THE COMMISSION. 
(a) IN GENERAL.—^The Chairman, in accordance with rules 
agreed upon by the Commission, may appoint and fix the compensa-
tion of a staff director and such other personnel as may be necessary 
to enable the Commission to carry out its functions, without regard 
to the provisions of title 5, United States Code, governing appoint-
ments in the competitive service, and without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates, except 
that no rate of pay fixed under this subsection may exceed the 
equivalent of that payable to a person occupying a position at 
level V of the Executive Schedule under section 5316 of title 5, 
United States Code. Any Federal Government employee may be 
detailed to the Commission without reimbursement from the 
Commission, and such detailee shall retain the rights, status, and 
privileges of his or her regular employment without interruption. 
(b) CONSULTANT SERVICES.—^The Commission is authorized to 
procure the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, but at rates not to 
exceed the daily rate paid a person occupying a position at level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code. 
SEC. 908. COMPENSATION AND TRAVEL EXPENSES. 
(a) COMPENSATION.—(1) Except as provided in paragraph (2), 
each member of the Commission may be compensated at not to 
exceed the daily equivalent of the annual rate of basic pay in 
effect for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day during 
which that member is engaged in the actual performance of the 
duties of the Commission. 
(2) Members of the Commission who are officers or employees 
of the United States or Members of Congress shall receive no 
additional pay on account of their service on the Commission. 
(b) TRAVEL EXPENSES.—^While away from their homes or regular 
places of business in the performance of services for the Commis-
sion, members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government service are 
allowed expenses under section 5703(b) of title 5, United States 
Code. 
SEC. 909. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
STAFF. 
The appropriate executive departments and agencies shall 
cooperate with the Commission in expeditiously providing to the 
Commission members and staff appropriate security clearances in 
a manner consistent with existing procedures and requirements, 
except that no person shall be provided with access to classified 
information pursuant to this section who would not otherwise qual-
ify for such security clearance. 
PUBLIC LAW 103-236—APR. 30, 1994 
108 STAT. 529 
SEC. 910. FINAL REPORT OF COMMISSION; TERMINATION. 
(a) FINAL REPORT.—^Not later than two years after the date 
of the first meeting of the Commission, the Commission shall submit 
to the Congress its final report, as described in section 905(2). 
(b) TERMINATION.—(1) The Commission, and all the authorities 
of this title, shall terminate on the date which is 60 days after 
the date on which a final report is required to be transmitted 
imder subsection (a). 
(2) The Commission may use the 60-day period referred to 
in paragraph (1) for the purpose of concluding its activities, includ-
ing providing testimony to committees of Congress concerning its 
final report and disseminating that report. 
Approved April 30, 1994. 
LEGISLATIVE HISTORY—H.R. 2333 (S. 1281): 
HOUSE REPORTS: Nos. 103-126 (Comm. on Foreign Affairs) and 103-482 (Comm. of 
SENATE REPORTS: No. 103-107 accompanying S. 1281 (Ck)mm. on Foreign 
Relations). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): June 15, 16, 22, considered and passed House. 
Vol. 140 (1994): Jan. 25-28, 31, Feb. 1, 2, S. 1281 considered in Senate; 
H.R. 2333, amended, passed in lieu. 
Apr. 28, House agreed to conference report. 
Apr. 29, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
Apr. 30, Presidential statement.