[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2333 Engrossed in House (EH)]
103d CONGRESS
1st Session
H. R. 2333
_______________________________________________________________________
AN ACT
To authorize appropriations for the Department of State, the United
States Information Agency, and related agencies, and for other
purposes.
103d CONGRESS
1st Session
H. R. 2333
_______________________________________________________________________
AN ACT
To authorize appropriations for the Department of State, the United
States Information 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 ``State Department, USIA, and Related
Agencies 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 foreign affairs.
Sec. 102. Agency for International Development operating expenses.
Sec. 103. International organizations, programs, and conferences.
Sec. 104. International commissions.
Sec. 105. Migration and refugee assistance.
Sec. 106. Other programs.
Sec. 107. United States Arms Control and Disarmament Agency.
Part B--Authorities and Activities
Sec. 111. Authorized strength of the Foreign Service.
Sec. 112. Transfers and reprogrammings.
Sec. 113. Expenses relating to certain international claims and
proceedings.
Sec. 114. Child care facilities at certain posts abroad.
Sec. 115. Notification to Congress of proposed reprogrammings of AID
operating expenses.
Sec. 116. Prohibition on discriminatory contracts.
Sec. 117. Emergencies in the diplomatic and consular service.
Sec. 118. Role of the Foreign Service Institute.
Sec. 119. Reporting requirement on American prisoners abroad.
Sec. 120. Consular authorities.
Sec. 121. Requirement for authorization of appropriations for AID.
Sec. 122. Report on consolidation of administrative operations.
Sec. 123. Local guard contracts abroad.
Sec. 124. Visas.
Sec. 125. Consular and diplomatic posts abroad.
Sec. 126. Annual country reports on terrorism.
Part C--Department Of State Organization
Sec. 131. Organizing principles.
Sec. 132. Organization of the Department of State.
Sec. 133. Technical and conforming amendments.
Sec. 134. Director General of the Foreign Service.
Part D--Personnel
Sec. 141. Labor-management relations.
Sec. 142. Voluntary retirement incentive program.
Sec. 143. Waiver of limit for certain claims for personal property
damage or loss.
Sec. 144. Salaries of chiefs of mission.
Sec. 145. Senior Foreign Service performance pay.
Sec. 146. Reassignment and retirement of former Presidential
appointees.
Sec. 147. Report on classification of Senior Foreign Service positions.
Sec. 148. Limitation on number of limited career extensions.
Sec. 149. Amendments to title 5.
Sec. 150. Amendments to chapter 11 of the Foreign Service Act.
Part E--International Organizations
Sec. 161. International Atomic Energy Agency safeguards.
Sec. 162. Agreement on State and local taxation of foreign employees of
public international organizations.
Sec. 163. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 164. International Boundary and Water Commission.
Sec. 165. United States membership in the Asian-Pacific Economic
Cooperation Organization.
Sec. 166. Limitation on contributions to the United Nations and
affiliated organizations.
Sec. 167. International peacekeeping reform.
Part F--Miscellaneous Provisions
Sec. 181. Women's human rights protection.
Sec. 182. Publishing international agreements.
Sec. 183. Migration and refugee amendments.
Sec. 184. United Nations Security Council membership.
Sec. 185. Reforms in the Food and Agriculture Organization.
Sec. 186. Interparliamentary exchanges.
Sec. 187. United States policy concerning overseas assistance to
refugees and displaced persons.
Sec. 188. Policy on Middle East arms sales.
Sec. 189. Report on terrorist assets in the United States.
Sec. 190. Sense of Congress concerning United States citizens
victimized by Germany during World War II.
Sec. 191. Transparency in armaments.
Sec. 192. Revitalization of the ``permanent five'' process.
Sec. 193. Report on the impact of conventional weapons proliferation.
Sec. 194. Establishment of independent inspectors general at
international organizations.
Sec. 195. Sense of Congress regarding adherence to United Nations
Charter.
Sec. 196. Food as a human right.
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Part A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Part B--International Broadcasting Authorities and Activities
Sec. 211. Short title.
Sec. 212. Findings and declarations.
Sec. 213. Standards.
Sec. 214. Functions.
Sec. 215. Administration.
Sec. 216. USIA satellite and television.
Sec. 217. Israel relay station.
Sec. 218. Requirement for authorization of appropriations.
Sec. 219. Report on advertising.
Part C--USIA and Related Agencies Authorities and Activities
Sec. 231. Changes in administrative authorities.
Sec. 232. Employment authority.
Sec. 233. Buying power maintenance account.
Sec. 234. Contract authority.
Sec. 235. Appropriations authorities.
Sec. 236. Technical amendment.
Sec. 237. Separate ledger accounts for NED grantees.
Sec. 238. American studies collections.
Sec. 239. South Pacific exchange programs.
Sec. 240. Coordination of United States exchange programs.
Sec. 241. Limitation concerning participation in international
expositions.
Sec. 242. Private sector opportunites.
Sec. 243. Educational and cultural exchanges with Tibet.
Sec. 244. Changes in administrative authorities.
Part D--Mike Mansfield Fellowships
Sec. 251. Short title.
Sec. 252. Establishment of fellowship program.
Sec. 253. Program requirements.
Sec. 254. Separation of Government personnel during the fellowships.
Sec. 255. Mansfield Fellowship Review Board.
Sec. 256. Definitions.
TITLE III--ARMS CONTROL AND DISARMAMENT AGENCY
Sec. 301. Purposes.
Sec. 302. Special Representatives.
Sec. 303. Negotiation management.
Sec. 304. Participation of ACDA Director in certain deliberations.
Sec. 305. Notification to Congress of proposed reprogrammings by ACDA.
Sec. 306. Requirement of authorization of appropriations.
Sec. 307. Appointment of personnel.
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 under ``Administration of
Foreign Affairs'' to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the United
States and for other purposes authorized by law, including the
diplomatic security program:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'', of the Department of State $1,667,584,000
for the fiscal year 1994 and $1,712,609,000 for the fiscal year
1995.
(2) Salaries and expenses.--For ``Salaries and Expenses'',
of the Department of State $484,416,000 for the fiscal year
1994 and $497,495,000 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 $392,523,000 for the
fiscal year 1995.
(4) Buying power maintenance fund.--For ``Buying Power
Maintenance Fund'', $4,000,000 for the fiscal year 1994 and
$4,104,000 for the fiscal year 1995.
(5) Representation allowances.--For ``Representation
Allowances'', $4,881,000 for the fiscal year 1994 and
$5,012,000 for the fiscal year 1995.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service,
$8,000,000 for the fiscal 1994 and $8,216,000 for the fiscal
year 1995.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $24,055,000 for the fiscal year 1994 and
$24,704,000 for the fiscal year 1995.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,484,000
for the fiscal year 1994 and $15,902,000 for the fiscal year
1995.
(9) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $10,814,000
for the fiscal year 1994 and $11,095,000 for the fiscal year
1995.
(10) Repatriation loans.--For ``Repatriation Loans'',
$817,000 for the fiscal year 1994 and $838,000 for the fiscal
year 1995, for administrative expenses.
(b) Limitations.--
(1) Of the amounts authorized to be appropriated for
``Salaries and Expenses'' under subsection (a)(2) $500,000 is
authorized to be available for the fiscal year 1994 and
$500,000 for the fiscal 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
enrollment of Hispanic Americans and for the training of
Hispanic Americans for careers in the Foreign Service and in
international affairs.
(2)(A) Of the amounts authorized to be appropriated for
``Diplomatic and Consular Programs'' under subsection (a)(1),
$10,000,000 is authorized to be available for each of the
fiscal years 1994 and 1995 for grants, contracts, and other
activities to conduct research and promote international
cooperation on environmental and other scientific issues.
(B) Of the amounts authorized to be appropriated for
``Diplomatic and Consular Programs'' under subsection (a)(1),
$1,000,000 is authorized to be available only for the
establishment of a United States consulate in Cluj, Romania.
(3) Of the amounts authorized to be appropriated for
``Diplomatic and Consular Programs'' under subsection (a)(1),
$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 to carry out the
purposes of the Migration and Refugee Assistance Act of 1962.
(4) Of the amounts authorized to be appropriated for
``Acquisition and Maintenance of Buildings Abroad'' under
subsection (a)(3), $95,904,000 is authorized to be available
for the fiscal year 1994 and $114,825,000 is authorized to be
available for the fiscal year 1995 for Maintenance of Buildings
and Facility Rehabilitation.
SEC. 102. AGENCY FOR INTERNATIONAL DEVELOPMENT OPERATING EXPENSES.
(a) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
President, in addition to funds otherwise available for such
purposes--
(A) $512,000,000 for the fiscal year 1994 and
$526,902,000 for the fiscal year 1995 for necessary
operating expenses of the agency primarily responsible
for administering part I of Public Law 87-195; and
(B) such amounts as may be necessary for fiscal
year 1994 and fiscal year 1995 for increases in salary,
pay, retirement, and other employee benefits authorized
by law, and for other nondiscretionary costs of the
agency primarily responsible for administering part I
of Public Law 87-195.
(2) Effective October 1, 1993, section 667 of Public Law
87-195 (22 U.S.C. 2427) is repealed.
(b) Operating Expenses, Office of the Inspector General.--There are
authorized to be appropriated to the President, in addition to funds
otherwise available for such purposes--
(1) $39,916,000 for fiscal year 1994 and $39,916,000 for
fiscal year 1995 for necessary operating expenses of the Office
of the Inspector General of the agency primarily responsible
for administering part I of Public Law 87-195; and
(2) such amounts as may be necessary for increases in
salary, pay, retirement, and other employee benefits authorized
by law, and for other nondiscretionary costs of such office.
(c) Availability of Funds.--Amounts appropriated under this section
are authorized to remain available until expended.
(d) Transfer of Funds.--The authorities and limitations of section
109 of Public Law 87-195 apply to funds authorized to be appropriated
under this section.
SEC. 103. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CONFERENCES.
(a) Assessed Contributions to International Organizations.--There
are authorized to be appropriated for ``Contributions to International
Organizations'', $865,885,000 for the fiscal year 1994 and $935,053,000
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
organizations and to carry out other authorities in law consistent with
such purposes.
(b) Assessed Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$597,744,000 for the fiscal year 1994 and $636,469,000 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 purposes.
(c) Peacekeeping Operations.--There are authorized to be
appropriated for ``Peacekeeping Operations'', $77,166,000 for the
fiscal year 1994 and $77,166,000 for the fiscal year 1995 for the
Department of State to carry out section 551 of Public Law 87-195.
(d) International Conferences and Contingencies.--There are
authorized to be appropriated for ``International Conferences and
Contingencies'', $6,600,000 for the fiscal year 1994 and $6,743,000 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
conferences and contingencies and to carry out other authorities in law
consistent with such purposes.
(e) International Organizations and Programs.--
(1) In general.--There are authorized to be appropriated
for the Department of State for ``International Organizations
and Programs'', $365,000,000 for the fiscal year 1994 and
$365,000,000 for the fiscal year 1995.
(2) United nations population fund.--
(A) Subject to subparagraphs (B) and (C), of the
funds authorized to be appropriated for ``International
Organizations and Programs'' under paragraph (1),
$50,000,000 is authorized to be made available for each
of the fiscal years 1994 and 1995 for the United
Nations Population Fund.
(B) The availability of funds under subparagraph
(A) shall be subject to the following limitations:
(i) None of the funds made available under
subparagraph (A) may be made available for
programs in the People's Republic of China.
(ii) The prohibitions contained in section
104(f) of the Foreign Assistance Act of 1961
(relating to prohibitions on funding for
abortion as a method of family planning,
coercive abortion, and involuntary
sterilization) shall apply to the funds made
available for the United Nations Population
Fund.
(iii) The United Nations Population Fund
shall be required to maintain the funds made
available under subparagraph (A) in a separate
account and not commingle such funds with any
other funds.
(C) Of the funds authorized to be available under
subparagraph (A), for fiscal year 1994, $13,784,500 is
authorized to be available only if the President
certifies to the Congress that the United Nations
Population Fund has terminated all activities in the
People's Republic of China.
(3) United nations development program.--
(A) Subject to subparagraphs (B) and (C), of the
funds authorized to be appropriated under paragraph (1)
$101,929,000 is authorized to be available for each of
the fiscal years 1994 and 1995 for the United Nations
Development Program.
(B) None of the funds made available under
subparagraph (A) shall be available for programs and
activities in or for Myanmar (Burma).
(C) Of the funds authorized to be available under
subparagraph (A), $7,000,000 for each of the fiscal
years 1994 and 1995 may be available only if the
President certifies to the Congress that the United
Nations Development Program's programs and activities
in or for Myanmar (Burma) promote the enjoyment of
internationally guaranteed human rights by the Burmese
people and do not benefit the State Law and Order
Restoration Council (SLORC) military regime.
(4) United nations environment program.--Of the amounts
authorized to be appropriated for ``International Organizations
and Programs'' under paragraph (1), $25,000,000 for each of the
fiscal years 1994 and 1995 is authorized to be available for
the United Nations Environment Program.
(5) United nations voluntary fund for the victims of
torture.--Of the amounts authorized to be appropriated for
``International Organizations and Programs'' under paragraph
(1), $1,500,000 for each of the fiscal years 1994 and 1995 is
authorized to be available for the United Nations Voluntary
Fund for the Victims of Torture.
(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 available for obligation
and expenditure only to the extent that the Director of the Office of
Management and Budget determines and certifies to Congress that such
amounts are necessary due to such fluctuations.
SEC. 104. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' $11,330,000 for
the fiscal year 1994 and $11,767,000 for the fiscal
year 1995; and
(B) for ``Construction'' $14,790,000 for the fiscal
year 1994 and $15,198,000 for the fiscal year 1995.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $760,000 for the fiscal year 1994 and $784,000
for the fiscal year 1995.
(3) International joint commission.--For ``International
Joint Commission'', $3,643,000 for the fiscal year 1994 and
$3,759,000 for the fiscal year 1995.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,200,000 for the
fiscal year 1994 and $14,569,000 for the fiscal year 1995.
SEC. 105. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--
(1) There are authorized to be appropriated for ``Migration
and Refugee Assistance'' for authorized activities,
$593,500,000 for the fiscal year 1994 and $593,500,000 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.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
SEC. 106. 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
Technology Agreements'', $4,500,000 for the fiscal year 1994
and $4,617,000 for the fiscal year 1995.
(2) Asia foundation.--For ``Asia Foundation'', $18,693,000
for the fiscal year 1994 and $19,127,000 for the fiscal year
1995.
SEC. 107. 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--
(1) $62,500,000 for the fiscal year 1994 and $55,356,000
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
nondiscretionary costs, and to offset 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
``pursuant to this section'' and inserting ``to carry out this
Act''.
PART B--AUTHORITIES AND ACTIVITIES
SEC. 111. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) End Fiscal Year 1994 Levels.--Subject to subsection (c), the
employment and service of Members of the Foreign Service shall be
subject to the following limitations as of September 30, 1994:
(1) Department of State, not to exceed 9,200, of whom not
more than 825 shall be members of the Senior Foreign Service.
(2) United States Information Agency, not to exceed 1,200,
of whom not more than 175 shall be members of the Senior
Foreign Service.
(3) 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.--Subject to subsection (c), the
employment and service of Members of the Foreign Service shall be
subject to the following limitations as of September 30, 1995:
(1) Department of State, not to exceed 9,200, of whom not
more than 775 shall be members of the Senior Foreign Service.
(2) United States Information Agency, not to exceed 1,200,
of whom not more than 165 shall be members of the Senior
Foreign Service.
(3) 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'' has the meaning of such term under
section 103 of the Foreign Service Act of 1980 (22 U.S.C 3903), except
that such term shall not include--
(1) members of the Service under paragraphs (6) and (7) of
such section;
(2) members of the Service serving under temporary resident
appointments abroad;
(3) members of the Service employed on less than a full-
time basis;
(4) members of the Service subject to involuntary
separation 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 Senior Foreign Service serving under
limited non-career appointments.
(d) Waiver Authority.--
(1)(A) Subject to subparagraph (B), the Secretary of State,
the Director of the United States Information Agency, and the
Director of the Agency for International Development may waive
any limitation under subsection (a) or (b) which applies to the
Department of State, the United States Information Agency, or
the Agency for International Development, respectively, to the
extent that such waiver is necessary to carry on the foreign
affairs functions of the United States.
(B) Not less than 15 days before any agency head implements
a waiver under subparagraph (A), such agency head shall notify
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate. Such notice shall include an explanation of the
circumstances and necessity for such waiver.
SEC. 112. TRANSFERS AND REPROGRAMMINGS.
(a) Amendments to Section 24 of the State Department Basic
Authorities Act of 1956.--Section 24 of the State Department 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) by 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 (d)(4).
(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
(a)(7) by striking ``$500,000'' and inserting ``$1,000,000''.
SEC. 113. 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 chapter 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,
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 shall 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 Department
of State from another agency of the United States Government 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. 114. CHILD CARE FACILITIES 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. 115. NOTIFICATION TO CONGRESS OF PROPOSED REPROGRAMMINGS OF AID
OPERATING EXPENSES.
(a) Amendment to the Foreign Assistance Act of 1961.--Section 634A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394) is amended by
adding at the end the following:
``(d) AID Operating Expenses.--
``(1) Congressional notification of certain
reprogrammings.--Unless the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate are notified at least 15 days in advance of the
proposed reprogramming, funds appropriated for the operating
expenses of the agency primarily responsible for administering
part I (including funds appropriated for the operating expenses
of the Office of the Inspector General of that agency) shall
not be available for obligation or expenditure through any
reprogramming of funds that--
``(A) would create or eliminate a program, project,
or activity;
``(B) 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;
``(C) would reorganize offices, programs, projects,
or activities among bureaus;
``(D) would involve a reprogramming in excess of
$1,000,000 or 10 percent (whichever is greater) and
would--
``(i) augment existing programs, projects,
or activities,
``(ii) reduce by 10 percent or more the
funding for any existing program, project,
activity, or personnel approved by the
Congress, or
``(iii) 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.
``(2) Limitation on end-of-year reprogrammings.--Funds
appropriated for the operating expenses of the agency primarily
responsible for administering part I (including funds
appropriated for the operating expenses of the Office of the
Inspector General of that agency) shall not be available for
obligation or expenditure through any reprogramming described
in paragraph (1) during the last 15 days in which such funds
are available for obligation or expenditure (as the case may
be) unless the notification required by that paragraph was
submitted before that 15-day period.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 1994.
SEC. 116. PROHIBITION ON DISCRIMINATORY CONTRACTS.
(a) Prohibition.--
(1) Except for real estate leases and as provided in
subsection (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 when that foreign
person takes or knowingly agrees 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 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.
(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. Certification by the Secretary 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-by-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 on the United States. Each such
certification shall include a detailed justification for the waiver
with respect to each such country.
(c) Responses to Contract Solicitations.--(1) Except as provided 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 subsection (a),
includes the following clause, in substantially the following form:
``arab 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
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 under regulations
of the President.
``(b) Certification.--By submitting this offer, the Offeror
certifies that it is not--
``(1) taking or knowingly agreeing to take any action, with
respect to the boycott of Israel by Arab 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 State shall ensure that all State Department
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 of 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
certifications.
(2) Upon complaint of any foreign or United States person of a
violation of the certification as required by this section, filed with
the Secretary of State, the Department of State shall investigate 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 practicable, and, for a
period of two years thereafter, the State Department shall not enter
into any contracts with such a violator.
SEC. 117. 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. 118. ROLE OF THE FOREIGN SERVICE INSTITUTE.
Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is
amended by adding at the end the following new subsection:
``(d)(1) The Secretary of State is authorized to provide for the
training and instruction of employees of foreign governments at the
Institute.
``(2) Except as provided in paragraph (3), training and instruction
under paragraph (1) shall be on a reimbursable basis. Reimbursement to
the Institute may be provided by an agency of the United States
Government or by a foreign person.
``(3) The authorities of section 704 shall apply to training and
instruction provided under this section.''.
SEC. 119. REPORTING REQUIREMENT ON AMERICAN PRISONERS ABROAD.
Section 108 of the Foreign Relations Authorization Act, Fiscal Year
1978 (Public Law 95-105) is repealed.
SEC. 120. 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 representatives 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 in
section 7 by adding at the end ``Pursuant to such regulations as the
Secretary of State may prescribe, the Secretary may designate any other
employee of the Department of State who is a citizen of the United
States to perform any notarial function authorized to be performed by a
consular officer of the United States under this Act.''.
SEC. 121. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS FOR AID.
Public Law 87-195 is amended by inserting after section 667 the
following new section:
``SEC. 668. 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
agency primarily responsible for administering part I of this Act 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 subsection
(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
provisions 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 primarily responsible for administering part I of this
Act.''.
SEC. 122. REPORT ON CONSOLIDATION OF ADMINISTRATIVE OPERATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, jointly with the Director of the United
States Information Agency, the Director of the Arms Control and
Disarmament Agency, and the Administrator of the Agency for
International 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 feasibility of
consolidating domestic administrative operations for the Department of
State, the Agency for International Development, and the United States
Information Agency. Such report shall include specific recommendations
for implementation.
SEC. 123. LOCAL GUARD CONTRACTS ABROAD.
Section 136(c) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246) is amended--
(1) in paragraph (2) by striking ``due to their distance
from the post'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
``(4)'' and ``(5)'', respectively; and
(3) by inserting after paragraph (1) the following:
``(2) absent compelling reasons, award such contracts
through competitive bidding;
``(3) in evaluating and scoring proposals for such
contracts, award not less than 60 percent of the total points
on the basis of technical capacity;''.
SEC. 124. VISAS.
(a) Surcharge for Processing Certain Visas.--
(1) Notwithstanding any other provision of law, the
Secretary of State is authorized to charge a fee or surcharge
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, which shall include the payment of
any fees for access to the criminal history records of the
Federal Bureau of Investigation for processing visa
applications and making immigration eligibility determinations.
Such fees shall remain available for obligation until expended.
(3) For fiscal years 1994 and 1995, fees collected under
the authority of paragraph (1) may not exceed a total of
$56,000,000.
(b) Automated Visa Lookout System.--Not later than 18 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 States.--
(1)(A) Beginning 18 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 list which maintains information
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
nonimmigrant visa, the alien's name is included in the
Department of State's visa lookout system and the consular
officer to whom the application is made fails to follow the
procedures in processing the 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 (1)(B) 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 Secretary of
State shall convene an Accountability Review Board under the
authority of title III of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986.
SEC. 125. CONSULAR AND DIPLOMATIC POSTS ABROAD.
Section 48 of the State Department Basic Authorities Act of 1956 is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
``(c)'' and ``(d)'', respectively.
SEC. 126. ANNUAL COUNTRY REPORTS ON TERRORISM.
Section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2656f) is amended in subsection (b)(2)--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) efforts by the United States to eliminate
international financial support provided to those
groups directly or provided in support of their
activities.''.
PART C--DEPARTMENT OF STATE ORGANIZATION
SEC. 131. ORGANIZING PRINCIPLES.
The Congress makes the following findings:
(1) The organization of the Department of State should
reflect, to the maximum extent possible, the primary
responsibility of the Secretary of State under the President
for the conduct of the Nation's foreign relations.
(2) Unless compelling considerations so require, statutory
authorities should be vested in the Secretary of State, rather
than in officials subordinate to the Secretary.
SEC. 132. 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
``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
(hereinafter referred to as the `Secretary').
``(2) The Secretary shall be appointed by the President, by
and with the advice and consent of the Senate.
``(3)(A) Notwithstanding any other provision of law and
except as provided in subparagraph (B), 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 States and the personnel of the Department of State,
except where authority is inherent in or vested in the
President.
``(B) The Secretary shall not have the authority of the
Inspector General or the Chief Financial Officer. The Secretary
shall not have any authority given expressly to diplomatic or
consular officers.
``(4) The Secretary of State is authorized to promulgate
such rules and regulations as may be necessary to carry out the
functions of the Secretary of State and the Department of
State. The Secretary may delegate authority to perform any of
the functions of the Secretary or the Department to officers
and employees under the direction and supervision of the
Secretary. The Secretary may delegate the authority to
redelegate any such functions.
``(b) Under Secretaries.--There shall be in the Department of State
not more than 5 Under Secretaries of State, 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 States Code.
``(c) Assistant Secretaries.--There shall be in the Department of
State not more than 21 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 compensated at the rate provided for at
level IV of the Executive Schedule under section 5315 of title 5.
``(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 such other officials
of the Department of State who are authorized to be compensated at
level IV of the Executive Schedule under section 5215 of title 5, not
more than 4 other officers of the Department of State shall be
appointed by the President, by and with the advice and consent of the
Senate, and shall be compensated at such level.''.
(b) Application.--The amendments made by this section and section
133 shall apply with respect to officials, offices, and bureaus of the
Department of State when Executive orders implementing such sections
become effective.
(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 133.
(d) References in Other Acts.--A reference in any other provision
of law to an official or office of the Department of State affected by
the amendment made by subsection (a) shall be deemed to be a reference
to the Secretary of State or the Department of State, as may be
appropriate.
(e) Nothing in this part reassigns any function that is on the date
of enactment of this Act vested by law or executive order in the
Department of Commerce, the Federal Communications Commission, or any
officer thereof.
(f) Office of the Coordinator for Counterterrorism.--
Notwithstanding any other provision of this section, there shall be in
the Department of State an Office of the Coordinator for
Counterterrorism which shall be headed by a Coordinator for
Counterterrorism. 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.
SEC. 133. 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; Public 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, Fiscal Year 1979 (22
U.S.C. 2652a) is amended by striking subsection (a).
(c) Public Law 93-126.--Section 9 of Public Law 93-126 (22 U.S.C.
2655a) is amended by striking subsection (a).
(d) 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 by striking subsection
(a).
(e) 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 Assistance
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 ``Legal Advisor 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 ``21 Assistant Secretaries of State
and 4 other State Department officials to be appointed by the
President, by and with the advice and consent of the Senate.''.
(f) Foreign Assistance Act of 1961.--The Foreign Assistance Act of
1961 is amended--
(1) in section 116(c) (22 U.S.C. 2151n), by striking
``Assistant Secretary for Human Rights and Humanitarian
Affairs'' and inserting ``Secretary of State'';
(2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22
U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)) by
striking ``, prepared with the assistance of the Assistant
Secretary of State for Human Rights and Humanitarian Affairs,''
each place it appears;
(3) in section 624(f) (22 U.S.C. 2384(f)(1)) by striking
paragraph (1);
(4) in section 624(f)(2)--
(A) by striking ``(2) The Assistant Secretary of
State for Human Rights and Humanitarian Affairs'' and
inserting ``The Secretary of State''; and
(B) by redesignating subparagraphs (A) through (D)
as paragraphs (1) through (4), respectively; and
(5) in section 624(f)(2)(C)--
(A) by striking ``the Secretary of State and''; and
(B) by striking ``Assistant''.
(g) Arms Export Control Act.--Section 5(d)(1) of the Arms Export
Control Act is amended (22 U.S.C. 2755(d)(1)) by striking ``Assistant
Secretary of State for Human Rights and Humanitarian Affairs'' and
inserting ``Secretary of State''.
(h) Diplomatic Security Act.--The Omnibus Diplomatic Security 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
paragraphs (2) through (5), respectively;
(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
paragraph:
``(2) Security responsibilities shall include the following:
``(A) Former office of security functions.--Functions and
responsibilities exercised by the Office of Security,
Department of State, before November 1, 1985.
``(B) Security and protective operations.--
``(i) Establishment and operations of post security
and protective functions abroad.
``(ii) Development and implementation of
communications, computer, and information security.
``(iii) Emergency planning.
``(iv) Establishment and operations of local guard
services 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
facilities, communications, and computer information
systems 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
liaison with other Federal agencies to carry out this
paragraph.
``(D) Security technology.--Development and implementation
of technical and physical security programs, including
security-related construction, radio and personnel security
communications, armored vehicles, computer and communications
security, 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
foreign 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;
(4) by striking section 105;
(5) in section 107, by striking ``The Chief of Protocol of
the Department of State shall consult with the Assistant
Secretary 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
follows: ``TITLE II--PERSONNEL'';
(7) by amending section 201 to read as follows:
``SEC. 201. DIPLOMATIC SECURITY SERVICE.
``The Secretary of State may establish a Diplomatic Security
Service, which shall perform such functions as the Secretary may
determine.'';
(8) in section 202--
(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--
(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(a)(2) by striking ``Assistant Secretary
for Diplomatic Security'' and inserting ``Secretary of State''.
(i) Immigration and Nationality 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 Secretary 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 ``; bureau of
consular affairs'';
(B) in subsection (a), by striking ``the Bureau of
Consular Affairs'' and inserting ``the Administrator'';
(C) by amending subsection (b) to read as follows:
``(b) 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 liaison with the appropriate
committees of Congress in order that they may be advised regarding the
administration of this Act by consular officers. The Administrator
shall be charged with any and all responsibility and authority in the
administration of this Act which are conferred on the Secretary 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
``respectively'' before the period.
(3) in section 105 (8 U.S.C. 1105) by striking ``Assistant
Secretary of State for Consular Affairs'' and inserting
``Administrator'' each place it appears.
(j) Department of State Appropriations Act, 1989.--Section 306 of
the Department of State Appropriations Act, 1989 (Public Law 100-459)
is repealed.
(k) Department of Defense Appropriations Act, Fiscal Year 1989.--
Section 8125 of the Department of Defense Appropriations Act, Fiscal
Year 1989 (Public Law 100-463) is amended by striking subsection (c).
(l) State Department Basic Authorities Act of 1956.--(1) Section 35
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2707)
is amended--
(A) in subsection (a) by striking ``(hereafter'' and all
that follows before the period; and
(B) in subsection (b)--
(i) by striking ``The'' and all that follows
through ``shall--'' and inserting the following:
``The Secretary of State shall be responsible for formulation,
coordination, and oversight of international communications and
information policy. The Secretary of State shall--'';
(ii) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively;
(iii) by inserting before paragraph (2) (as so
redesignated) a new paragraph (1) as follows:
``(1) exercise primary authority for the conduct of foreign
policy with respect to telecommunications, including the
determination of United States positions and the conduct of
United States participation in bilateral and multilateral
negotiations with foreign governments and in international
bodies;'';
(iv) in paragraph (2), (I) by striking ``with the
bureaus and offices of the Department of State and'',
and (II) by inserting before the semicolon ``and with
the Federal Communications Commission, as
appropriate''; and
(v) in paragraph (4), by striking ``the Senior
Interagency Group on International Communications and
Information Policy'' and inserting ``any senior
interagency policy-making group on international
telecommunications and information policy''.
(2) 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 (l) and
inserting ``; and''; and
(C) by adding at the end the following:
``(m) establish, maintain, and operate passport and
dispatch agencies.''.
(3) Section 2 of the State Department Basic Authorities Act of 1956
is amended by striking ``(l) pay'' and inserting ``(m) pay''.
(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
STATES COORDINATOR FOR REFUGEE AFFAIRS AND'';
(2) by striking the heading for part A;
(3) by repealing section 301; and
(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
general policy guidance of the United States Coordinator for
Refugee 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 (b)(3) and (b)(4), by striking
``in consultation with the Coordinator,''; and
(C) in subsection (e)(7)(C), 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
redesignating paragraphs (4) through (8) as paragraphs (3)
through (7);
(2) in section 203 by amending such section to read as
follows:
``authorities of the secretary of state
``Sec. 203. The Secretary is authorized to--
``(1) assist agencies of Federal, State, and municipal
government with regard to ascertaining and according benefits,
privileges, and immunities to which a foreign mission may be
entitled;
``(2) provide or assist in the provision of benefits for or
on behalf of a foreign mission in accordance with section 204;
``(3) dispose of property acquired in carrying out the
purposes of this Act;
``(4) designate an office within the Department of State to
carry out the purposes of this Act. In the event 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. Furthermore, of the Director and the next most
senior person in the office, one should be an individual who
has served in the United States Foreign Service while the other
should be an individual who has served in the United States
intelligence community; and
``(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
``Secretary''; 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 ``Secretary'';
(5) in section 205--
(A) in subsection (a), by striking ``Director'' and
inserting ``Secretary''; and
(B) in subsection (c)(2) by striking ``authorize
the Director to''; and
(6) in section 208--
(A) in subsection (d) by striking ``Director'' and
inserting 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) Office of Counselor; Legal Advisor.--
(1) The Act entitled ``An Act to create the Office of
Counselor of the United States'' (May 18, 1937; Public 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; Public Law 68-135; 22 U.S.C.
2654) is amended by striking section 30.
SEC. 134. 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.
``The President may appoint, with the advice and consent of the
Senate, a Director General of the Foreign Service, who shall be a
career member of the Senior Foreign Service. The Director General
should assist the Secretary of State in the management of the Service
and perform such functions as the Secretary of State may prescribe.''.
PART D--PERSONNEL
SEC. 141. LABOR-MANAGEMENT RELATIONS.
Section 1017(e) of the Foreign Service Act of 1980 is amended to
read as follows:
``(e)(1) Notwithstanding any other provision of this chapter--
``(A) participation in the management of a labor
organization for purposes of collective bargaining or acting as
a representative of a labor organization for such purpose is
prohibited under this chapter--
``(i) on the part of any management official or
confidential 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
participation 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
functions of such employee; and
``(B) service as a management official or confidential
employee is prohibited on the part of any individual having
participated in the management of a labor organization or
having acted as a representative of a labor organization during
the preceding two years.
``(2) For the purposes of paragraph (1)(A)(ii) and paragraph
(1)(B), the term `management official' shall not include chiefs of
mission, principal officers and their deputies, and administrative and
personnel officers abroad.''.
SEC. 142. VOLUNTARY RETIREMENT INCENTIVE PROGRAM.
(a) Program Authority.--For the fiscal years 1994 and 1995 and
subject to the availability of appropriations, the Secretary of State
is authorized to establish and administer a program to provide
financial incentives for retirement to certain members of the Foreign
Service at the Department of State who are eligible for retirement.
(b) Cap on Incentive Amount.--The financial incentive paid to any
eligible individual pursuant to this section may not exceed the lesser
of--
(1) an amount equal to the amount the member would be
entitled to receive under section 5595(c) of title 5, United
States Code, if the member were entitled to payment under such
section; or
(2) $25,000.
(c) Cost Neutrality or Savings.--The Secretary shall ensure that
the total cost of financial incentives paid to eligible individuals
under any program established pursuant to the authority of subsection
(a) during the fiscal years 1994 and 1995 does not exceed the total
cost the Department would have incurred for pay and other personnel
benefits during such period for such eligible individuals had they not
retired.
(d) Relationship to Other Government Benefits.--The amount paid to
any eligible individual pursuant to the authority of subsection (a) may
not--
(1) be the basis for payment of, and may not be included in
the computation of, any other monetary benefit payable with
respect to such individual by the Federal Government; and
(2) be taken into account for purposes of determining the
amount of any severance pay to which such eligible individual
is entitled under any other provision of law based on any other
separation from employment by the Federal Government.
(e) United States Information Agency and Agency for International
Development.--The Director of the United States Information Agency and
the Director of the Agency for International Development are authorized
to exercise the same authorities with respect to members of the Foreign
Service serving at the United States Information Agency and the Agency
for International Development, respectively, as the Secretary of State
is authorized to exercise with respect to members of the Foreign
Service under this section.
SEC. 143. WAIVER OF LIMIT FOR CERTAIN CLAIMS FOR PERSONAL 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) the following new
paragraph:
``(2) The Secretary of State may waive the loss limitation under
paragraph (1) for claims for damage or loss by United States Government
personnel subject to a chief of mission in a foreign country whose
claims arose from a departure authorized or ordered under circumstances
described in section 5522(a) of title 5 of the United States Code, if
the Secretary determines that exceptional circumstances warrant such a
waiver.''.
(b) Retroactive Application.--The amendments made by subsection (a)
shall apply with respect to claims arising on or after October 31,
1988.
SEC. 144. SALARIES OF CHIEFS OF MISSION.
Section 401(a) of the Foreign Service Act of 1980 (22 U.S.C.
3961(a)) is amended--
(1) by striking ``, exclusive of danger pay,''; and
(2) by striking ``not exceed the annual rate payable for
level I of such Executive Schedule'', and inserting ``be
subject to the limitation on certain payments under section
5307 of title 5 of the United States Code''.
SEC. 145. SENIOR FOREIGN SERVICE PERFORMANCE PAY.
(a) Limitation on Certain Payments.--Section 405(b)(4) of the
Foreign Service Act of 1980 (22 U.S.C. 3965(b)(4)) 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 of
the United States Code.''.
(b) Prohibition on Performance Pay Awards in Certain Years.--
(1) Notwithstanding any other provision of law, for fiscal
years 1994 and 1995, performance pay awards and payments may
not be made under section 405 of the Foreign Service Act of
1980 for a fiscal year by any agency subject to an agency-wide
reduction in force for budgetary reasons during that fiscal
year.
(2) No additional performance pay awards or payments may be
made in any subsequent fiscal year to compensate for the
prohibition under paragraph (1).
SEC. 146. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL
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) If a participant 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, the participant shall be
reassigned within 90 days after the termination of such assignment and
any period of authorized leave.
``(b) If a participant completes an assignment under 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, the participant shall be retired from the Service and receive
retirement benefits in accordance with section 806 or section 855, as
appropriate.''.
SEC. 147. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE POSITIONS.
(a) Audit and Review.--Within 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a classification 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 of
classification of such positions.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit a report of such audit
and review to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate.
SEC. 148. LIMITATION ON NUMBER OF LIMITED CAREER EXTENSIONS.
Section 607(b) of the Foreign Service Act of 1980 (22 U.S.C.
4007(b)) is amended by adding at the end ``Effective September 30,
1995, the number of members of the Senior Foreign Service serving under
such limited career extensions may not exceed 25 percent of the total
number of members of the Service who are eligible to serve under a
limited extension.''.
SEC. 149. AMENDMENTS TO TITLE 5.
(a) Away-From-Post Education Allowance.--Section 5924(4)(A) 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 post.''.
(b) Educational Travel for College Students Studying Abroad.--
Section 5924(4)(B) 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)''.
SEC. 150. AMENDMENTS TO CHAPTER 11 OF THE FOREIGN SERVICE ACT.
(a) Grievance Board Procedures.--Section 1106 of the Foreign
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 ``for up to one year, or until the Board has
ruled upon the grievance, whichever period is shorter. The Board shall
extend the one-year limit and the Department 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.''.
(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)''.
PART E--INTERNATIONAL ORGANIZATIONS
SEC. 161. INTERNATIONAL ATOMIC ENERGY AGENCY SAFEGUARDS.
(a) Purpose.--It is the purpose of this section to secure
improvements in the effectiveness of International Atomic Energy Agency
safeguards.
(b) Definitions.--As used in this section--
(1) the term ``IAEA'' means the International Atomic Energy
Agency;
(2) the term ``non-nuclear-weapon state'' means any country
which is not a nuclear-weapon state, as defined by Article
IX(3) of the Treaty on the Non-Proliferation of Nuclear
Weapons, signed at Washington, London, and Moscow on July 1,
1968;
(3) the term ``nuclear-weapon state'' has the meaning given
to such term by Article IX(3) of such Treaty; and
(4) the term ``special fissionable material'' has the
meaning given to such term by Article XX(1) of the Statute of
the International Atomic Energy Agency, done at the
Headquarters of the United Nations on October 26, 1956.
(c) Reforms in IAEA Safeguards.--The President should direct the
United States representatives to the IAEA to work toward the early
adoption of reforms in the implementation of the safeguards
responsibilities of the IAEA, including the following:
(1) Improving the ability of the IAEA to detect within any
non-nuclear-weapon state which has accepted full-scope
safeguards, nuclear facilities, whether or not declared by that
state, that are capable of producing, processing, or
fabricating special fissionable material suitable for use in a
nuclear explosive device.
(2) Increasing the transparency of international nuclear
commerce.
(3) Examining the feasibility of increasing the scope of
safeguards for members who have accepted full-scope safeguards
to include all activities and facilities which could
significantly contribute to the acquisition or production of
nuclear explosive devices.
(4) Improving the access of the IAEA to information about
the nuclear activities of member states of the IAEA.
(5) Examining the practicality and advisability of the IAEA
conducting less frequent inspections at nuclear facilities in
member states which--
(A) provide advance consent for the IAEA to conduct
unrestricted, short notice inspections of any facility,
whether or not declared by the state;
(B) provide early notification of construction of
new facilities and modifications to existing facilities
and the early submission of design information
regarding such new or modified facilities; and
(C) accept any inspectors of the IAEA who are
approved by the Board of Governors of the IAEA, agree
not to limit the number of such inspectors, and waive
visa requirements for such inspectors.
(d) Reporting Requirement.--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 and plans to take to implement
each of the objectives set forth in subsection (c);
(2) the progress that has been made and the obstacles that
have been encountered in seeking to meet the objectives set
forth in subsection (c);
(3) any other steps he has taken or plans to take to
strengthen the implementation of IAEA safeguards;
(4) the steps the IAEA has taken to implement each of the
objectives set forth in subsection (c); and
(5) any other steps the IAEA has taken to strengthen the
implementation of IAEA safeguards.
(e) Report on Funding.--Within one year after the date of the
enactment of this Act, the President shall submit to the Congress a
report assessing what additional funds are required for the IAEA to
implement the objectives set forth in subsection (c) and what funds the
United States plans to contribute to the IAEA over the next 5 fiscal
years.
SEC. 162. AGREEMENT ON STATE AND LOCAL TAXATION OF FOREIGN EMPLOYEES OF
PUBLIC INTERNATIONAL ORGANIZATIONS.
The President is hereby 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.
SEC. 163. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--For assessed contributions authorized
to be appropriated by section 103 of this Act, the President may
withhold 20 percent of the funds appropriated for the United States
assessed contribution to the United Nations or to any of its
specialized agencies for any calendar year if the Secretary of State
determines that the United Nations or any such agency has failed to
implement or to continue to implement consensus-based decisionmaking
procedures on budgetary matters which assure that sufficient attention
is paid to the views of the United States and other member states who
are major financial contributors to such assessed budgets.
(b) Notice to Congress.--The President shall notify the Congress
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 his 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 availability 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) of this section, section 405 of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246) and section 143 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (Public Law 99-93) if such payment
would further United States interests in that organization.
SEC. 164. 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 Grande 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 to protect against health
threatening surface and ground water pollution problems along the
United States-Mexico boundary''.
(c) Falcon and Amistad Dams 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 Fund' (hereinafter referred to as the
`Maintenance Fund'), 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 International 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 defraying operation,
maintenance, and emergency costs for the hydroelectric facilities at
the dams.
``(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.
``(d) Revenues in the Maintenance Fund in excess of operation,
maintenance, and emergency needs shall be paid annually to the general
fund of the Treasury 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 any
energy which might be delivered to that Government by the United States
Section of the International Boundary and Water Commission pursuant to
any special agreement concluded in accordance with Article 19 of the
said Treaty shall be credited to the General Fund of the Treasury of
the United States.''.
SEC. 165. UNITED STATES MEMBERSHIP IN THE ASIAN-PACIFIC ECONOMIC
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. 166. 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,
during any period in which such membership is effective.
SEC. 167. INTERNATIONAL PEACEKEEPING REFORM.
(a) Findings.--The Congress finds that--
(1) at the beginning of 1993, there were 13 United Nations
international peacekeeping operations in existence, 9 of which
were established since 1990;
(2) in 1987 the United Nations spent $233,000,000 on all
international peacekeeping operations, compared to
$3,800,000,000 budgeted for this function in 1993;
(3) while the United States is currently assessed 25
percent of the regular budget of the United Nations and its
specialized agencies, the United States had, until 1993, been
assessed 30.4 percent for the United Nations peacekeeping
operations;
(4) by early 1993, the United Nations unilaterally
increased the United States assessed level for international
peacekeeping operations to 31.7 percent to compensate for the
breakup of the former Soviet Union;
(5) the United States' share of the United Nations
international peacekeeping assessments is significantly higher
than that of any other member state, regardless of economic
strength, location, or potential to benefit from specific
peacekeeping missions;
(6) the United States Government faces a protected period
of serious fiscal constraint, particularly in its international
affairs budget;
(7) there is growing concern in the Congress over the
potential for excessive reliance on United Nations
international peacekeeping operations for the resolution of
local and regional conflicts, including concern over the
continued viability of existing United Nations peacekeeping
operations that have become permanent fixtures in local
disputes rather than serving to bring such disputes to
resolution; and
(8) for fiscal year 1994, the executive branch has
requested the creation of a United States Peacekeeping
Emergency Fund to increase the ability of the United States to
respond quickly to unforseen peacekeeping emergencies.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the United States should seek to negotiate a reduction
of its assessed share for any international peackeeping
operation to its current share of the regular assessed budget
for the international organization or entity with jurisdiction
over that operation;
(2) all United States military assistance, logistical
support and in-kind contributions for an international
peacekeeping operation should either be fully counted toward
the United States assessment for that operation or should be
fully reimbursed; and
(3) regional countries or groups of countries that would
receive disproportionate benefit from the establishment of an
international operation should voluntarily provide a higher
proportionate share of the costs of that peacekeeping
operation.
(c) Restrictions on the Use of Funds in the Assessed Contributions
for International Peacekeeping Activities Account.--Notwithstanding any
other provision of law, funds authorized under this Act to be
appropriated to the Contributions for International Peacekeeping
Activities Account at the Department of State may not be made available
for the payment of assessed contributions to United Nations
international peacekeeping operations in excess of 30.4 percent of the
cost of such operations.
PART F--MISCELLANEOUS PROVISIONS
SEC. 181. WOMEN'S HUMAN RIGHTS PROTECTION.
(a) Sense of Congress.--The Congress makes the following
declarations:
(1) The State Department should designate within the
appropriate bureau a special assistant to the Assistant
Secretary to promote international women's human rights within
the overall human rights policy of the United States
Government.
(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 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 human rights
policy in ways including, but not limited to, the following:
(A) The designated women's human rights advocate
would seek to assure that the issue of abuses against
women, along with human rights issues generally, are a
factor in determining appropriate recipients for United
States bilateral assistance as well as United States
votes at the multilateral development banks.
(B) The advocate would work with the regional
bureaus of the Department of State to devise strategies
for the executive branch to bring pressure to bear on
governments that engage in violence or systematic
discrimination against women or fail to afford equal
treatment of women before the law.
(C) The advocate would, in consultation with the
bureau responsible for international organizations,
pursue strategies to increase the visibility and
integration of gender-based persecution and violence in
multilateral fora including, but not limited to, the
United States Commission on Human Rights and the
Working Group on Torture.
(D) The advocate would seek to assure that the
United States Trade Representative conduct inquiries
and take steps to prevent countries from receiving
trade benefits under the Generalized System of
Preferences and most favored nation status where
governments fail to address violence, systematic
discrimination, and exploitation of women workers.
(E) The advocate would seek to assure that the
protection of women's human rights, including womens'
participation in the political process, women's right
to freedom of association and expression, and freedom
from discrimination, would be addressed in the context
of United States funded programs in the area of
democracy including, but not limited to, democracy
programs at the Agency for International Development,
democracy programs for Eastern Europe funded by the
Support for East European Democracy (SEED) Act of 1989,
and new programs that may be contemplated.
(F) The advocate would seek to assure that United
States assistance programs in the area of
administration of justice include efforts to redress
violations of women's rights.
(G) The advocate would work with the Agency for
International Development and the appropriate office at
the Department of State to secure funding for programs
to meet the needs of women victims of human rights
abuses including, but not limited to, medical and
psychological assistance for rape victims.
(H) The advocate would work to assure United States
ratification of the United Nations Convention on the
Elimination of All Forms of Discrimination Against
Women (CEDAW) and oversee the preparation of reports
pursuant to that Convention.
(I) The advocate would seek to upgrade the quality
and quantity of information about abuses of women's
human rights in the reporting from United States
embassies overseas, incorporate that information not
only in the State Department Country Reports on Human
Rights, but also in other public statements and
documents including, but not limited to, congressional
testimony and private demarches.
(b) Congressional Notification.--
(1) Not later than one year after the date of enactment of
this Act, the Secretary of State shall notify the Congress of
the steps taken to create the position described in subsection
(a) or to otherwise fulfill the objectives detailed in that
subsection.
(2) If the United Nations Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW) has not been
submitted to the Senate for ratification, not more than 90 days
after the date of enactment of this Act, the Secretary of State
shall notify the Congress, in writing, of the administration's
position on the ratification of CEDAW and timetable for
submission of CEDAW for congressional consideration and
approval.
SEC. 182. 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 justify their publication, because (A) as of
the date of enactment 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, nor establish 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, such 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
paragraph (2)(D)), 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
published in the Federal Register.''.
SEC. 183. MIGRATION AND REFUGEE AMENDMENTS.
(a) Migration and Refugee Assistance Act Amendments.--
(1) The Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601) is amended--
(A) in section 2 by striking ``the
Intergovernmental Committee for European Migration''
and inserting ``the International Organization for
Migration'' each place it appears;
(B) in section 2(a) by striking ``the Committee''
and inserting ``the Organization'' each place it
appears;
(C) in the first sentence of section 2(a) by
inserting before the period ``, as amended in Geneva,
Switzerland, on May 20, 1987''; and
(D) in section 2(c)(2), by striking ``$50,000,000''
and inserting ``$100,000,000''.
(2) Section 745 of Public Law 100-204 (22 U.S.C. 2601 note)
is repealed.
SEC. 184. UNITED NATIONS SECURITY 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 against Israel.
(b) Sense of Congress.--It is the sense of the Congress that the
President should direct the Secretary of State to request the
Secretary-General of the United Nations to seek immediate resolution of
this problem. The President shall 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 for the fiscal year 1995.
SEC. 185. REFORMS IN THE FOOD AND AGRICULTURE ORGANIZATION.
In light of the longstanding efforts of the United States and the
other major donor nations to reform the Food and Agriculture
Organization and the findings of the ongoing investigation of the
General Accounting Office, it is the sense of the Congress that--
(1) the United States should use the opportunity of the
1993 election of a new Director General of the Food and
Agriculture Organization (FAO) to press for long-needed
organizational and management reforms; and
(2) 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 redundant or
unnecessary headquarters staff, increased
responsibilities of regional offices, increased time
for consideration of budget issues by member states,
and a more meaningful and direct role for member states
in the decision-making 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
nonemergency projects funds through the TCP and
establishing procedures to deploy TCP consultants,
supplies, and equipment in a timely manner.
SEC. 186. INTERPARLIAMENTARY EXCHANGES.
(a) Authorizations of Appropriations.--
(1) Section 2 of Public Law 86-420 is amended--
(A) by striking ``$100,000'' and inserting
``$80,000''; and
(B) by striking ``$50,000'' both places it appears
and inserting ``$40,000''.
(2) Section 2 of Public Law 86-42 is amended--
(A) by striking ``$50,000'' and inserting
``$70,000''; and
(B) by striking ``$25,000'' both places it appears
and inserting ``$35,000''.
(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. 187. UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE 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 Commissioner for Refugees (UNHCR)
``Guidelines on the Protection of Refugee Women,'' whether directly, or
through international organizations and nongovernmental voluntary
organizations, the Secretary of State shall seek to ensure--
(1) specific attention on the part of the United Nations
and relief organizations to recruit and employ female
protection officers;
(2) implementation of gender awareness training for field
staff including, but not limited to, security personnel;
(3) the protection of refugee women and children from
violence and other abuses on the part of governments or
insurgent groups;
(4) full involvement of women refugees in the planning and
implementation of (A) the delivery of services and assistance,
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,
grievance 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
literacy and numeracy, vocational and income-generation skills
training, and other training efforts promoting self-sufficiency
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
unaccompanied 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 voluntary organizations on implementation of
the 1991 UNHCR ``Guidelines on the Protection of Refugee
Women''.
(b) Procedures.--The Secretary of State shall adopt specific
procedures to ensure that all recipients of United States Government
refugee and migration assistance funds implement the standards outlined
in subsection (a).
(c) Requirements for Refugee and Migration Assistance.--The
Secretary of State, in providing migration and refugee assistance,
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 internationally
recognized human rights, such as torture or cruel, inhumane, or
degrading treatment or punishment, prolonged detention without
charges, or other flagrant denial to life, liberty, and the
security of person;
(2) the blockage of humanitarian relief assistance;
(3) gender-specific persecution such as systematic
individual 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 Secretary of State should immediately
investigate such reports through emergency fact-finding missions or
other means of investigating such reports and help identify appropriate
remedial measures.
(e) Multilateral Organizations.--The United States Government shall
use its voice and vote in the United Nations and its participation in
other multilateral organizations, to promote policies which seek to
protect and address basic human rights and needs of refugee women and
children. The Secretary of State shall work to ensure that multilateral
organizations fully incorporate the needs of refugee women and children
into all elements of refugee assistance programs.
(f) Sense of Congress on Multilateral Implementation of the 1991
UNHCR ``Guidelines on the Protection of Refugee Women''.--It is the
sense of the Congress that the President should enter into bilateral
and multilateral negotiations to encourage other governments that
provide refugee assistance to adopt refugee assistance policies
designed to encourage full implementation of the UNHCR's 1991
``Guidelines on the Protection of Refugee Women''.
SEC. 188. 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;
(2) in paragraph (3)(A) by striking ``and'' after the
semicolon;
(3) in paragraph (3)(B) by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(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
enactment of this Act, the Secretary of State shall submit a report to
the Chairman of the Committee on Foreign Affairs of the House of
Representatives and the Chairman of the Committee on Foreign Relations
of the Senate concerning steps taken to ensure that the goals of the
amendment under subsection (a) are being met.
SEC. 189. REPORT ON TERRORIST ASSETS IN THE UNITED STATES.
Section 304(a) of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138) is amended--
(1) by striking ``Treasury'' and inserting ``Treasury, in
consultation with the Attorney General and appropriate
investigative agencies,''; and
(2) by inserting at the end ``Each such report shall
provide a detailed list and description of specific assets.''.
SEC. 190. SENSE OF CONGRESS CONCERNING UNITED STATES CITIZENS
VICTIMIZED BY GERMANY DURING WORLD WAR II.
(a) Congressional Findings.--The Congress makes the following
findings:
(1) The national interests of the United States require the
presence abroad of United States citizens.
(2) Conditions in many parts of the world present dangers
to the safety and security of Americans abroad.
(3) The protection of United States citizens abroad depends
on their enjoying full protection against war crimes and crimes
against humanity committed by foreign governments.
(4) The conduct of the Government of Germany in using slave
labor during the period 1939 to 1945 constituted the acts of an
outlaw state and an abrogation of treaty obligations under the
Convention Respecting the Laws and Customs of War on Land (Done
at The Hague, 18 October 1907).
(b) Sense of Congress.--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. 191. 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 license 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 General Assembly Resolution 46/
36L by the reporting date specified by such register; and
(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
agreement 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
information.
SEC. 192. REVITALIZATION OF THE ``PERMANENT FIVE'' PROCESS.
(a) Congressional Declarations.--The Congress makes the following
findings and declarations:
(1) Talks among the five permanent members of the United
Nations Security Council (``Perm-5'') first established in
October 1991 present the best opportunity to negotiate
qualitative and quantitative guidelines on conventional arms
sales to the developing world.
(2) Reconvening of the ``Perm-5'' talks is an urgent matter
of international security.
(b) Sense of Congress.--It is the sense of the Congress that the
President should seek to restart ``Perm-5'' talks and should report to
the Congress on the progress of such talks and the effects of United
States agreements since October 1991 to sell arms to the developing
world.
SEC. 193. REPORT ON THE IMPACT OF CONVENTIONAL WEAPONS PROLIFERATION.
Section 36(b) of the Arms Export Control Act (22 U.S.C. 2776) is
amended in paragraph (1) by inserting after the first sentence ``Each
certification shall provide an evaluation of the manner in which the
proposed sale would meet legitimate defense needs of the foreign
country or international organization to which the sale would be made,
increase regional tensions or instability, and introduce new or more
sophisticated military capabilities into the region.''.
SEC. 194. ESTABLISHMENT OF INDEPENDENT INSPECTORS GENERAL AT
INTERNATIONAL ORGANIZATIONS.
The Congress makes the following findings and declarations:
(1) As a result of the March 1, 1993, report by then United
Nations Under Secretary General for Administration and
Management, the Honorable Richard Thornburg, concern has been
raised about the United Nation's deficiencies in dealing with
fraud, waste, and abuse.
(2) It is the sense of the Congress that the President
should pay urgent attention to persuading the Secretary General
of the United Nations to take immediate steps to implement the
recommendations contained in the March 1, 1993, report, giving
prominent attention to the finding that the organization
urgently needs the establishment of a strong and independent
office of inspector general for the purposes of internal
program and administrative audit and efficiency review. It is
further the sense of the Congress that the reports and findings
of an inspector general should be fully available to member
states.
(3) The President should seek to persuade other
international organizations of which the United States is a
member to establish independent inspectors general, where
applicable, in addition to other steps to develop effective
means to eliminate fraud, waste, and abuse.
(4) It is the sense of the Congress that all program and
administrative audit and efficiency reviews should be fully
available to the governing bodies of such organizations.
(5) It is the sense of the Congress that the President
should include as a condition of new membership (or renewal of
suspended membership) in any major international organization
that the international organization have effective program and
administrative audits and efficiency reviews which are provided
to member states as expeditiously as possible after such
reports and findings are made.
SEC. 195. 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
Secretary 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.
SEC. 196. FOOD AS A HUMAN RIGHT.
(a) The Right to Food and United States Foreign Policy.--
(1) In general.--The United States shall, in accordance
with its international obligations and in keeping with the
longstanding 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 humanitarian relief
organizations providing relief assistance).
(2) Responsibilities of assistant secretary of state.--The
responsibilities of the assistant Secretary of State who is
responsible for human rights and humanitarian affairs shall
include promoting increased respect internationally for the
rights to food and to medical care in accordance with paragraph
(1).
(b) United Nations Convention on the Right to Food.--It is the
sense of the Congress that a major effort should be made to strengthen
the right to food in international law to assure the access to all
persons to adequate food supplies. Toward that end, the Secretary of
State, through the United States Representative to the United Nations,
should propose to the United Nations General Assembly that a
Declaration and Convention concerning the right to food be adopted and
submitted to the countries of the world for ratification.
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
PART A--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
The following amounts are authorized to be appropriated to carry
out international information activities, and educational and cultural
exchange programs under the United States Information and Educational
Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act
of 1961, Reorganization Plan Number 2 of 1977, the Radio Broadcasting
to Cuba Act, the Television Broadcasting to Cuba Act, the Board for
International 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'',
$489,854,000 for the fiscal year 1994 and $503,362,000 for the
fiscal year 1995.
(2) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $137,043,000
for the fiscal year 1994 and $140,743,000 for the
fiscal year 1995.
(B) Other programs.--For ``Hubert H. Humphrey
Fellowship Program'', ``Edmund S. Muskie Fellowship
Program'', ``International Visitors Program'',
``Israeli-Arab Scholarship Program'', ``Mike Mansfield
Fellowship Program'', ``Claude and Mildred Pepper
Scholarship Program of the Washington Workshops
Foundation'', ``Citizen Exchange Programs'',
``Congress-Bundestag Exchange Program'', ``Newly
Independent States and Eastern Europe Training'',
``Institute for Representative Government'', ``Freedom
Support Act Secondary School Exchanges'', ``South
Pacific Exchanges'', and ``Arts America'', $108,482,000
for the fiscal year 1994 and $110,731,000 for the
fiscal year 1995.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$28,351,000 for the fiscal year 1994 and $28,362,000 for the
fiscal year 1995.
(4) International broadcasting activities.--For
``International Broadcasting Activities'' under part B,
$606,790,000 for the fiscal year 1994, and $717,790,000 for the
fiscal year 1995.
(5) Office of the inspector general.--For ``Office of the
Inspector General'', $4,390,000 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 Technical
Interchange between East and West'', $23,000,000 for the fiscal
year 1994 and $23,621,000 for the fiscal year 1995.
(7) American studies collections.--To the Bureau of
Educational and Cultural Affairs of the United States
Information Agency--
(A) $1,650,000 for the fiscal year 1994 and
$1,950,000 for the fiscal year 1995 to fund the
endowment authorized to be established under section
239; and
(B) in addition to such amounts under subparagraph
(A), $450,000 for each of the fiscal years 1994 and
1995 to carry out section 239.
PART B--INTERNATIONAL BROADCASTING AUTHORITIES AND ACTIVITIES
SEC. 211. SHORT TITLE.
This part may be cited as the ``International Broadcasting Act of
1993''.
SEC. 212. FINDINGS AND DECLARATIONS.
The Congress makes the following findings and declarations of
policy:
(1) It is the policy of the United States to promote the
freedom ``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 among the peoples of the world is in
the interests of the United States.
(3) It is in the interests of the United States to support
broadcasting to other nations consistent with the requirements
of this Act.
SEC. 213. STANDARDS.
International broadcasting supported by United States Government
funds 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) complement the activities of private United States
broadcasters;
(4) complement 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.
SEC. 214. FUNCTIONS.
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 American
thought and institutions, reflecting the diversity of American
culture and society;
(3) clear and effective presentation of the policies of the
United States Government and responsible discussion and opinion
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) a source of information about developments in each
significant region of the world;
(6) a forum for a variety of opinions and voices from
within particular nations and regions prevented by censorship
or repression from speaking to their fellow countrymen;
(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;
(9) a source of information about developments in Asia and
a forum for a variety of opinions and voices from within Asian
nations whose people do not enjoy freedom of expression; and
(10) training and technical support for independent
indigenous media through government agencies or private United
States entities.
SEC. 215. ADMINISTRATION.
(a) Authority of President.--The President may assign
responsibility for any of the functions of United States Government
supported international broadcasting to any agency of the United States
Government. The President may authorize any public or private entity to
carry out the functions described in paragraphs (4), (5), (6), (7),
(8), and (9) of section 214(b).
(b) Grants.--The President and any agency of the United States
Government is authorized to make grants to RFE/RL Incorporated or any
other public or private entity in order to carry out the functions of
paragraphs (4), (5), (6), (7), (8), and (9) of section 214(b). In
exercising oversight responsibilities pursuant to any such grant, an
agency shall consider the necessity of maintaining the professional
independence and integrity of the grantee in carrying out such
functions.
SEC. 216. USIA SATELLITE AND TELEVISION.
The President is authorized to delegate any of the authorities and
duties under section 505 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1464a) to any agency of the
United States Government.
SEC. 217. ISRAEL RELAY STATION.
Section 301(c) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991, is repealed.
SEC. 218. 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 this part 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 subsection (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
provisions 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 under or pursuant to
this part.
SEC. 219. REPORT ON ADVERTISING.
Not later than one year after the date of enactment of this Act,
each agency of the United States Government which carries out
international broadcasting supported by United States Government
funding shall prepare and submit a report to the Congress concerning
efforts to sell advertising. Each such report shall include information
with respect to the amount of advertising which has been sold, the
revenue generated by the sale of advertising, and an evaluation of the
potential for sales of advertising.
PART C--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
SEC. 231. 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 Department of State facilities abroad.''.
SEC. 232. EMPLOYMENT AUTHORITY.
Section 804(6) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1474(6)) is amended to read as follows:
``(6) 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 Government for the purposes of
any law administered by the Office of Personnel Management,
except that the Director may determine the applicability to
such individuals of paragraph (5) of this section;''.
SEC. 233. BUYING POWER MAINTENANCE ACCOUNT.
Section 704 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1477(b)) is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by striking ``(1) the'' and inserting ``(A)'';
(3) by striking ``(2)'' and inserting ``(B)''; and
(4) 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 Buying Power Maintenance account
such amounts in the Salaries and Expenses appropriations 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 transfer
from the Buying Power Maintenance account to the Salaries and Expenses
appropriation such amounts as the Director determines are necessary to
maintain the approved level of operations 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 Director from
another account to the Buying Power Maintenance account shall be merged
with the funds in the Buying 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 amounts available for the United States
Information Agency that may be obligated or expended 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.
``(7)(A) Subject to the limitations contained in this paragraph,
not later than the end of the 5th fiscal year after the fiscal 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 Maintenance
account.
``(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 available for
obligation or expenditure only in accordance with the procedures 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. 234. CONTRACT AUTHORITY.
Section 802(b) of the United States Information and Educational
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. 235. APPROPRIATIONS AUTHORITIES.
Subsection (f) of section 701 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended--
(1) in paragraph (1)--
(A) by striking ``the second'' and inserting
``either''; and
(B) by striking ``such second'' and inserting
``such''; and
(2) by striking paragraph (4).
SEC. 236. TECHNICAL AMENDMENT.
Section 105 of Public Law 87-256 is amended by striking out
subsection (a).
SEC. 237. SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES.
Section 504(h)(1) of the National Endowment for Democracy Act (22
U.S.C. 4413(h)(1)) is amended by striking ``accounts'' and inserting
``bank accounts or separate self-balancing ledger accounts''.
SEC. 238. AMERICAN STUDIES COLLECTIONS.
(a) Authority.--In order to promote a thorough understanding of the
United States among emerging elites abroad, the Director of the United
States Information Agency is authorized to establish and support
collections at appropriate university libraries abroad to further the
study of the United States, and to enter into agreements with such
universities for such purposes.
(b) Design and Development.--Such collections--
(1) shall be developed in consultation with United States
associations and organizations of scholars in the principal
academic disciplines in which American studies are conducted;
and
(2) shall be designed primarily to meet the needs of
undergraduate and graduate students of American studies.
(c) Site Selection.--In selecting universities abroad as sites for
such collections, the Director shall--
(1) ensure that such universities are able, within a
reasonable period of the establishment of such collections, to
assume responsibility for their maintenance in current form;
(2) ensure that undergraduate and graduate students shall
enjoy 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 maintenance 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.
(2)(A) The Director shall make deposits to the fund of
amounts appropriated to the fund under section 201.
(B) The Director is authorized to accept, use, and dispose
of gifts of donations of services or property to carry out this
section. Sums of money donated to carry out the purposes of
this section shall be deposited into the fund.
(3) The corpus of the fund shall be invested in Federally-
insured bank savings accounts or comparable interest-bearing
accounts, certificates of deposit, money market funds,
obligations 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.
SEC. 239. SOUTH PACIFIC EXCHANGE PROGRAMS.
(a) Authorized Programs.--The Director of the United States
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 institutions
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 funds awarded for any
fiscal year for programs under this section.
SEC. 240. COORDINATION OF UNITED STATES EXCHANGE PROGRAMS.
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) 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
coordinated through the Bureau to ensure that such exchanges are
consistent with United States foreign policy and to avoid duplication
of effort. The President shall report annually to the Congress on such
coordination. Such report shall include information concerning what
exchanges are supported by the United States, the number of exchange
participants supported, the types of exchange activities, and the total
amount of Federal expenditures for such exchanges.''.
SEC. 241. LIMITATION CONCERNING PARTICIPATION IN INTERNATIONAL
EXPOSITIONS.
Notwithstanding any other provision of law, the United States
Information Agency is not authorized to reprogram funds in order to
obligate or expend any funds for a United States Government funded
pavilion or other major exhibit at any international exposition or
world's fair registered by the Bureau of International Expositions in
excess of amounts expressly authorized and appropriated for such
purpose.
SEC. 242. PRIVATE SECTOR OPPORTUNITIES.
Section 104(e)(4) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2454) is amended by inserting before the period
``, and of similar services and opportunities for interchange not
supported by the United States Government''.
SEC. 243. EDUCATIONAL AND CULTURAL EXCHANGES WITH TIBET.
The Director of the United States Information Agency shall
establish programs of educational and cultural exchange between the
United States and the people of Tibet. Such programs shall include
opportunities for training and, as the Director considers appropriate,
may include the assignment of personnel and resources abroad.
SEC. 244. CHANGES IN ADMINISTRATIVE AUTHORITIES.
Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended by adding at the end
the following: ``The provisions of this section shall not prohibit the
United States Information Agency from responding to inquiries from
members of the public about its operations, policies, or programs.''.
PART D--MIKE MANSFIELD FELLOWSHIPS
SEC. 251. SHORT TITLE.
This part may be cited as the ``Mike Mansfield Fellowship Act''.
SEC. 252. ESTABLISHMENT OF FELLOWSHIP PROGRAM.
(a) Establishment.--(1) There is hereby established the ``Mike
Mansfield Fellowship Program'' pursuant 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
economy.
(B) During the second year each fellowship recipient will
serve as a Fellow in a parliamentary office, ministry, or other
agency of the Government of Japan or, subject to the approval
of the Center, a nongovernmental Japanese institution
associated with the interests of the fellowship recipient,
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 Government of Japan for the purpose of placing Mansfield 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 Board
described in section 255.
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 in
the Federal Government.
(2) Not less than 10 fellowships shall be awarded each
year.
(3) Mansfield Fellows shall agree--
(A) 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; and
(B) to return to the Federal Government for further
employment for a period of at least 2 years following
the end of their fellowships, unless, in the
determination of the Center, the Fellow is unable (for
reasons beyond the Fellow's control and after receiving
assistance from the Center as provided in paragraph
(8)) to find reemployment for such period.
(4) During the period of the fellowship, the Center shall
provide each Mansfield Fellow--
(A) 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 adjustments were made to
the salaries of individuals occupying competitive
positions in the civil service during the same period
as the fellowship; and
(B) certain allowances and benefits as that
individual would have been entitled to, but for his or
her separation from Government service, as a United
States Government civilian employee overseas under the
Standardized Regulations (Government Civilians, Foreign
Areas) of the Department of State, as follows: a living
quarters allowance to cover the cost of housing in
Japan, a post allowance to cover the significantly
higher costs of living in Japan, a temporary quarters
subsistence allowance for up to 7 days for Fellows
unable to find housing immediately upon arrival 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 $3,000 for
personal belongings of Fellows and their families in
their move to Japan and up to $500 for Fellows residing
outside the Washington, D.C. area in moving to the
Washington, D.C. area, and one-round-trip economy-class
airline ticket to Japan for each Fellow and the
Fellow's immediate family.
(5)(A) 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
political 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 may 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
economy, and the 2 year fellowship period shall be shortened to
the extent such training is less than one year.
(6) Any Mansfield Fellow not complying with the
requirements of this section shall reimburse the United States
Information Agency for the Federal funds expended for the
Fellow's participation in the fellowship, together with
interest on such funds (calculated at the prevailing rate), as
follows:
(A) Full reimbursement for noncompliance with
paragraph (3)(A) or (9); and
(B) pro rata reimbursement for noncompliance with
paragraph (3)(B) for any period the Fellow is
reemployed by 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 Mansfield 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 any Mansfield Fellow in finding
employment in the Federal Government 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 Mansfield Fellow may engage in any intelligence or
intelligence-related activity on behalf of the United States
Government.
(10) The accounts of the Center shall be audited annually
in accordance with generally accepted auditing standards 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 accounts of the Center are normally kept.
All books, accounts, 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 depositories, fiscal agents, and custodians
shall be afforded to such person or persons.
(11) The Center shall provide a report of the audit to the
Board 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 necessary to present fairly the Center's
assets and liabilities, surplus 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
payments 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.
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 Government may separate
from Government service for a specified period any officer or employee
of that agency who accepts a fellowship under the program established
by this part.
(b) Reemployment.--Any Mansfield Fellow, 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
Mansfield Fellow, 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 appropriation
Acts.
SEC. 255. MANSFIELD FELLOWSHIP REVIEW BOARD.
(a) Establishment.--There is hereby established the Mansfield
Fellowship Review Board.
(b) Composition.--The Board shall be composed of 11 individuals, as
follows:
(1) The Secretary of State, or the Secretary's designee.
(2) The Secretary of Defense, or the Secretary's designee.
(3) The Secretary of the Treasury, or the Secretary's
designee.
(4) The Secretary of Commerce, or the Secretary's designee.
(5) The United States Trade Representative, or the Trade
Representative's designee.
(6) The Chief Justice of the United States, or the Chief
Justice's designee.
(7) The Majority Leader of the Senate, or the Majority
Leader's designee.
(8) The Minority Leader of the Senate, or the Minority
Leader's designee.
(9) The Speaker of the House of Representatives, or the
Speaker's designee.
(10) The Minority Leader of the House of Representatives,
or the Minority Leader's designee.
(11) The Director of the United States Information Agency,
who shall serve as the chairperson of the Board, or the
Director's designee.
(c) Functions.--(1) The Board shall review the administration of
the program assisted under this part.
(2)(A) Each year at the time of the submission of the President's
budget request to the Congress, the Board shall submit to the President
and the Congress a report completed by the Center with the approval of
the Board on the conduct of the program during the preceding year.
(B) Each such report shall contain--
(i) an analysis of the assistance provided under the
program for the previous fiscal year and the nature of the
assistance provided;
(ii) an analysis of the performance of the individuals who
received assistance under the program during the previous
fiscal year, including the degree to which assistance was
terminated under the program and the extent to which individual
recipients failed to meet their obligations under the program;
and
(iii) an analysis of the results of the program for the
previous fiscal year, including, at a minimum, the cumulative
percentage of individuals who received assistance under the
program who subsequently became employees of the United States
Government and, in the case of individuals who did not
subsequently become employees of the United States Government,
an analysis of the reasons why they did not become employees
and an explanation as to what use, if any, was made of the
assistance given to those recipients.
(d) Compensation.--Members of the Board shall not be paid
compensation for services performed on the Board.
(e) Availability of Support Staff.--The Director of the United
States Information Agency is authorized to provide for necessary
secretarial and staff assistance for the Board.
(f) Relationship to Federal Advisory Committee Act.--The Federal
Advisory Committee Act shall not apply to the Board to the extent that
the provisions of this section are inconsistent with such Act.
SEC. 256. DEFINITIONS.
For purposes of this part--
(1) the term ``agency of the United States Government''
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
Government 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
Government, the chief judge of the respective court;
(C) in the case of the Senate, the President pro
tempore, 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 ``Board'' means the Mike Mansfield Fellowship
Review Board; and
(4) the term ``Center'' means the Mansfield Center for
Pacific Affairs.
TITLE III--ARMS CONTROL AND DISARMAMENT AGENCY
SEC. 301. PURPOSES.
The purposes of this title are--
(1) to promote the reinvigoration of the Arms Control and
Disarmament Agency;
(2) to provide renewed impetus in improving the United
States Government's ability to manage the complex process of
negotiating and implementing arms control treaties;
(3) to establish a higher priority for United States
nonproliferation policy and activity as part of United States
arms control and to stress cooperative leadership and
coordination both at the United States Arms Control and
Disarmament Agency and the Department of State with all other
agencies; and
(4) to improve Congressional oversight of the operating
budget of the United States Arms Control and Disarmament
Agency.
SEC. 302. SPECIAL REPRESENTATIVES.
(a) In General.--Section 27 of the Arms Control and Disarmament Act
(22 U.S.C. 2567) is amended to read as follows:
``SEC. 27. SPECIAL REPRESENTATIVES.
``(a) Appointment.--The President may appoint, by and with the
advice and consent of the Senate, Special Representatives of the
President for Arms Control and Disarmament in the United States Arms
Control and Disarmament Agency. Each Presidential Special
Representative shall hold the rank of ambassador.
``(b) Duties.--Presidential Special Representatives shall perform
their duties and exercise their powers under direction of the President
and the Secretary of State acting through the Director.
``(c) Administrative Support.--The Agency shall be the Government
agency responsible for providing administrative support, including
funding, staff, and office space, to all Presidential Special
Representatives appointed under this section.''.
(b) Conforming Amendment.--Section 5315 of title 5, United States
Code, is amended by striking ``Special Representatives for Arms Control
and Disarmament Negotiations, United States Arms Control and
Disarmament Agency (2).'' and inserting ``Special Representatives of
the President for Arms Control and Disarmament.''.
SEC. 303. NEGOTIATION MANAGEMENT.
Section 34 of the Arms Control and Disarmament Act (22 U.S.C. 2574)
is amended to read as follows:
``SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS
``The Director, acting under the direction of the Secretary of
State, shall have primary responsibility for the preparation and
management of United States participation in all international
negotiations and implementation forums in the fields of arms control
and disarmament. To this end--
``(1) the Director, acting under the direction of the
Secretary of State, shall have primary responsibility for the
preparation, formulation, and support for all such negotiations
and forums; and
``(2) United States Government representatives conducting
negotiations or acting pursuant to agreements in the fields of
arms control and disarmament shall perform their duties and
exercise their powers, under the direction of the President and
Secretary of State, acting through the Director, as
appropriate.''.
SEC. 304. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN DELIBERATIONS.
The Arms Export Control Act is amended as follows:
(1) Section 38(a)(2) of the Arms Export Control Act (22
U.S.C. 2778(a)(2)) 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 will 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 nonproliferation agreements or other
bilateral arrangements.''.
(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is
amended by striking out all that follows ``(3)'' in the last
sentence and inserting the following: ``the assessment of the
Director of the United States Arms Control and Disarmament
Agency as to 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 outbreak or escalation of conflict, or prejudice
the development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements.''.
(3) Section 71 of such Act (22 U.S.C. 2797) is amended--
(A) in subsection (a) by inserting ``, the Director
of the United States Arms Control and Disarmament
Agency,'' after ``Secretary of Defense'';
(B) in subsection (b)(1) inserting ``and the
Director of the United States Arms Control and
Disarmament Agency'' after ``Secretary of Defense'';
and
(C) in subsection (b)(2)--
(i) by striking ``and the Secretary of
Commerce'' and inserting ``, the Secretary of
Commerce, and the Director of the United States
Arms Control and Disarmament Agency''; and
(ii) by striking the comma after
``applicant'' and all that follows through
``documents''.
SEC. 305. NOTIFICATION TO CONGRESS OF PROPOSED REPROGRAMMINGS BY ACDA.
Title IV of the Arms Control and Disarmament Act is amended by
adding at the end the following:
``SEC. 54. REPROGRAMMING OF FUNDS.
``(a) Congressional Notification of Certain Reprogrammings.--Unless
the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate are notified at least
15 days in advance of the proposed reprogramming, 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 of
funds that--
``(1) would create or eliminate a program, project, or
activity;
``(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
activities;
``(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.
``(b) 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 funds
are available for obligation or expenditure (as the case may be) unless
the notification required by that paragraph was submitted before that
15-day period.''.
SEC. 306. REQUIREMENT OF AUTHORIZATION OF APPROPRIATIONS.
Arms Control and Disarmament Agency.--Title IV of the Arms Control
and Disarmament Act is amended by adding at the end the following:
``SEC. 55. 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
Arms Control and Disarmament 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 subsection
(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
provisions 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
Arms Control and Disarmament Agency.''.
SEC. 307. APPOINTMENT 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
inserting ``except that the Director may, to the extent he or she deems
necessary to the discharge of his or her responsibilities, appoint in
the Excepted Service and fix the compensation of employees possessing
specialized technical expertise notwithstanding the provisions of title
5, United States Code, governing appointment or compensation of
employees of the United States, provided that, an employee who is
appointed under this provision may not be paid a salary in excess of
the rate payable for positions of equivalent difficulty or
responsibility, and in no event, may be paid at a rate exceeding the
maximum rate in effect for level 15 of the General Schedule, and
provided further, that the number of employees appointed under this
provision shall not exceed ten percent of the Agency's Full Time
Equivalent (FTE) ceiling.''.
Passed the House of Representatives June 22, 1993.
Attest:
<star>HR 2333 EH1S----2
<star>HR 2333 EH1S----3
<star>HR 2333 EH1S----4
<star>HR 2333 EH1S----5
<star>HR 2333 EH1S----6
<star>HR 2333 EH1S----7
<star>HR 2333 EH1S----8
<star>HR 2333 EH1S----9
<star>HR 2333 EH1S----10