[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1561 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
December 14, 1995.
Resolved, That the bill from the House of Representatives (H.R.
1561) entitled ``An Act to consolidate the foreign affairs agencies of
the United States; to authorize appropriations for the Department of
State and related agencies for fiscal years 1996 and 1997; to
responsibily reduce the authorizations of appropriations for United
States foreign assistance programs for fiscal years 1996 and 1997, and
for other purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations Revitalization Act
of 1995''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division A--Foreign Relations Authorization Act, Fiscal
Years 1996-1999.
(2) Division B--Foreign Affairs Reinvention Act of 1995.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1996-1999
Sec. 101. Short title.
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
Chapter 1--Authorization of Appropriations
Sec. 111. Administration of foreign affairs.
Sec. 112. Migration and refugee assistance.
Chapter 2--Authorities and Activities
Sec. 121. Lease-purchase of overseas property.
Sec. 122. United States Embassy building in Berlin, Germany.
Sec. 123. Fees for commercial services.
Sec. 124. Reduction of reporting requirements.
Sec. 125. Buying power maintenance account.
Sec. 126. Capital investment fund.
Sec. 127. Administrative expenses.
Sec. 128. Fee for use of diplomatic reception rooms.
Sec. 129. Contracts at posts abroad.
Sec. 130. Expenses relating to certain international claims and
proceedings.
Sec. 131. Diplomatic Telecommunications Service.
Sec. 132. Diplomatic Telecommunications Service Program Office.
Sec. 133. International Center reserve funds.
Sec. 134. Joint funds under agreements for cooperation in
environmental, scientific, cultural and
related areas.
Sec. 135. United States diplomatic facilities in Kosova.
Sec. 136. Antibribery study.
Sec. 137. Budget Act compliance.
Chapter 3--Personnel
Sec. 141. Authorized strength of the Foreign Service.
Sec. 142. Restriction on lobbying activities of former United States
chiefs of mission.
Sec. 143. Foreign Service grounding in United States business.
Sec. 144. Foreign affairs administrative support.
Sec. 145. Foreign Service reform.
Sec. 146. Limitations on management assignments.
Sec. 147. Report on promotion and retention of personnel.
Sec. 148. Recovery of costs of health care services.
Sec. 149. Nonovertime differential pay.
Sec. 150. Access to records.
Sec. 151. Training.
Sec. 152. Redesignation of National Foreign Affairs Training Center.
Chapter 4--Consular and Related Activities
Sec. 161. Fee for diversity immigrant lottery.
Sec. 162. Fee for execution of passport applications.
Sec. 163. Fees for machine readable visas.
Sec. 164. Children adopted abroad.
Sec. 165. Consular officers.
Sec. 166. Exclusion from the United States for membership in a
terrorist organization.
Sec. 167. Incitement as a basis for exclusion from the United States.
Sec. 168. Visit of the president of the Republic of China on Taiwan.
Sec. 169. Terrorist Lookout Committees.
Sec. 170. Sense of Congress on border crossing fees.
TITLE II--UNITED NATIONS
Chapter 1--Funding; Budgetary and Management Reform
Sec. 201. Assessed contributions to the United Nations and affiliated
agencies.
Sec. 202. Assessed contributions for international peacekeeping
activities.
Sec. 203. Calculation of assessed contributions.
Sec. 204. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 205. United Nations budgetary and management reform.
Sec. 206. Whistleblower provision.
Chapter 2--United Nations Peacekeeping
Sec. 211. Annual report on United States contributions to United
Nations peacekeeping activities.
Sec. 212. Prior congressional notification of Security Council votes on
United Nations peacekeeping activities.
Sec. 213. Codification of required notice to Congress of proposed
United Nations peacekeeping activities.
Sec. 214. Limitation on assessment percentage for peacekeeping
activities.
Sec. 215. Buy America requirement.
Sec. 216. Restrictions on intelligence sharing with the United Nations.
Sec. 217. UNPROFOR funding restrictions.
Sec. 218. Escalating costs for international peacekeeping activities.
Sec. 219. Definition.
TITLE III--OTHER INTERNATIONAL ORGANIZATIONS
Chapter 1--Authorization of Appropriations
Sec. 301. International conferences and contingencies.
Sec. 302. International commissions.
Sec. 303. International Boundary and Water Commission.
Sec. 304. Inter-American organizations.
Chapter 2--General Provisions
Sec. 311. International criminal court participation.
Sec. 312. Prohibition on assistance to international organizations
espousing world government.
Sec. 313. Termination of United States participation in certain
international organizations.
Sec. 314. International covenant on civil and political rights.
Sec. 315. United States participation in single commodity international
organizations.
Sec. 316. Prohibition on contributions to the International Natural
Rubber Organization.
Sec. 317. Prohibition on contributions to the International Tropical
Timber Organization.
Sec. 318. General Accounting Office study of the cost-effectiveness and
efficiency of international organizations
to which the United States makes
contributions.
Sec. 319. Sense of Congress on United Nations Fourth World Conference
on Women in Beijing, China.
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Chapter 1--Authorization of Appropriations
Sec. 401. Authorization of appropriations.
Sec. 402. National Endowment for Democracy.
Chapter 2--USIA and Related Agencies Authorities and Activities
Sec. 411. Participation in international fairs and expositions.
Sec. 412. Extension of au pair programs.
Sec. 413. Pilot program on advertising on USIA television and radio
broadcasts.
Sec. 414. Availability of Voice of America and Radio Marti multilingual
computer readable text and voice
recordings.
Sec. 415. Plan for Radio Free Asia.
Sec. 416. Expansion of Muskie fellowship program.
Sec. 417. Changes in administrative authorities.
Sec. 418. General Accounting Office study of duplication among certain
international affairs grantees.
Sec. 419. General Accounting Office study of activities of the North/
South Center in support of the North
American Free Trade Agreement.
Sec. 420. Mansfield Fellowship Program requirements.
Sec. 421. Distribution within the United States of the United States
Information Agency film entitled ``The
Fragile Ring of Life''.
TITLE V--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY AND THE
AGENCY FOR INTERNATIONAL DEVELOPMENT
Sec. 501. Authorization of appropriations.
Sec. 502. Statutory construction.
Sec. 503. Operating expenses.
Sec. 504. Operating expenses of the Office of the Inspector General.
TITLE VI--FOREIGN POLICY
Sec. 601. Repeal of provisions relating to interparliamentary groups.
Sec. 602. Repeal of executive branch membership on the Commission on
Security and Cooperation in Europe.
Sec. 603. Authorized payments.
Sec. 604. Reports regarding Hong Kong.
Sec. 605. Applicability of Taiwan Relations Act.
Sec. 606. Taipei representative office.
Sec. 607. Report on occupied Tibet.
Sec. 608. Special envoy for Tibet Act of 1995.
Sec. 609. Prohibition on use of funds to facilitate Iraqi refugee
admissions into the United States.
Sec. 610. Special envoy for Nagorno-Karabakh.
Sec. 611. Report to Congress concerning Cuban emigration policies.
Sec. 612. Efforts against emerging infectious diseases.
Sec. 613. Report on firms engaged in export of dual-use items.
Sec. 614. Prohibition on the transfer of arms to Indonesia.
Sec. 615. Middle East Peace Facilitation Act of 1995.
DIVISION B--CONSOLIDATION AND REINVENTION OF FOREIGN AFFAIRS AGENCIES
Sec. 1001. Short title.
Sec. 1002. Purposes.
TITLE XI--ORGANIZATION OF THE DEPARTMENT OF STATE AND FOREIGN SERVICE
Sec. 1101. Office of the Secretary of State.
Sec. 1102. Assumption of duties by incumbent appointees.
Sec. 1103. Consolidation of United States diplomatic missions and
consular posts.
Sec. 1104. Procedures for coordination of Government personnel at
overseas posts.
TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Sec. 1201. Abolition of ACDA; references in part.
Sec. 1202. Repeal of positions and offices.
Sec. 1203. Authorities of the Secretary of State.
Sec. 1204. Authorization of appropriations.
Sec. 1205. Conforming amendments.
Sec. 1206. References in law.
Sec. 1207. Effective date.
TITLE XIII--UNITED STATES INFORMATION AGENCY
Sec. 1301. Abolition.
Sec. 1302. References in law.
Sec. 1303. Amendments to title 5.
Sec. 1304. Amendments to United States Information and Educational
Exchange Act of 1948.
Sec. 1305. Amendments to the Mutual Educational and Cultural Exchange
Act of 1961 (Fulbright-Hays Act).
Sec. 1306. International broadcasting activities.
Sec. 1307. Television broadcasting to Cuba.
Sec. 1308. Radio broadcasting to Cuba.
Sec. 1309. National Endowment for Democracy.
Sec. 1310. United States Scholarship Program for developing countries.
Sec. 1311. National Security Education Board.
Sec. 1312. Center for Cultural and Technical Interchange Between North
and South.
Sec. 1313. Center for Cultural and Technical Interchange Between East
and West.
Sec. 1314. Mission of the Department of State.
Sec. 1315. Consolidation of administrative services.
Sec. 1316. Grants.
Sec. 1317. Ban on domestic activities.
Sec. 1318. Conforming repeal to the Arms Control and Disarmament Act.
Sec. 1319. Repeal relating to procurement of legal services.
Sec. 1320. Repeal relating to payment of subsistence expenses.
Sec. 1321. Conforming amendment to the SEED Act.
Sec. 1322. International Cultural and Trade Center Commission.
Sec. 1323. Other laws referenced in Reorganization Plan No. 2 of 1977.
Sec. 1324. Exchange program with countries in transition from
totalitarianism to democracy.
Sec. 1325. Edmund S. Muskie Fellowship Program.
Sec. 1326. Implementation of Convention on Cultural Property.
Sec. 1327. Mike Mansfield Fellowships.
Sec. 1328. United States Advisory Committee for Public Diplomacy.
Sec. 1329. Effective date.
TITLE XIV--AGENCY FOR INTERNATIONAL DEVELOPMENT AND THE INTERNATIONAL
DEVELOPMENT COOPERATION AGENCY
Sec. 1401. Abolitions; references in part.
Sec. 1402. References in the Foreign Assistance Act of 1961.
Sec. 1403. Exercise of functions by the Secretary of State.
Sec. 1404. Repeal of positions; employment and contracting authorities.
Sec. 1405. Development Loan Committee.
Sec. 1406. Development Coordination Committee.
Sec. 1407. Public Law 83-480 Program.
Sec. 1408. Conforming amendments to title 5, United States Code.
Sec. 1409. Trade Promotion Coordinating Committee.
Sec. 1410. Chief Financial Officer.
Sec. 1411. References in law.
Sec. 1412. Effective date.
TITLE XV--PLANS FOR CONSOLIDATION AND REINVENTION OF FOREIGN AFAIRS
AGENCIES
Sec. 1501. Reorganization of the Department of State and the
independent foreign affairs agencies.
TITLE XVI--TRANSITION PROVISIONS
Sec. 1601. Transfer of functions.
Sec. 1602. Determination of transferred functions and employees.
Sec. 1603. Reorganization plan for the United States Arms Control and
Disarmament Agency.
Sec. 1604. Reorganization plan for the United States Information
Agency.
Sec. 1605. Reorganization plan for the Agency for International
Development.
Sec. 1606. Additional requirements and limitations on reorganization
plans.
Sec. 1607. Amendments or modifications to reorganization plans.
Sec. 1608. Procedures for congressional consideration of reorganization
plans.
Sec. 1609. Transition fund.
Sec. 1610. Voluntary separation incentives.
Sec. 1611. Rights of employees of abolished agencies.
Sec. 1612. Transfer and allocations of appropriations and personnel.
Sec. 1613. Personnel authorities for transferred functions.
Sec. 1614. Property and facilities.
Sec. 1615. Delegation and assignment.
Sec. 1616. Rules.
Sec. 1617. Incidental transfers.
Sec. 1618. Effect on contracts and grants.
Sec. 1619. Savings provisions.
Sec. 1620. Separability.
Sec. 1621. Other transition authorities.
Sec. 1622. Additional conforming amendments.
Sec. 1623. Final report.
Sec. 1624. Definitions.
DIVISION A--FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1996-1999
SEC. 101. SHORT TITLE.
This division may be cited as the ``Foreign Relations Authorization
Act, Fiscal Years 1996-1999''.
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) In General.--The following amounts are authorized to be
appropriated for the Department of State under the heading
``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 $1,688,500,000
for the fiscal year 1996, $1,612,000,000 for the fiscal year
1997, $1,867,500,000 for the fiscal year 1998, and
$1,856,000,000 for the fiscal year 1999.
(2) Salaries and expenses.--For ``Salaries and Expenses'',
of the Department of State $368,000,000 for the fiscal year
1996, $373,000,000 for the fiscal year 1997, $725,000,000 for
the fiscal year 1998, and $681,500,000 for the fiscal year
1999.
(3) Acquisition and maintenance of buildings abroad.--For
``Acquisition and Maintenance of Buildings Abroad'',
$401,760,000 for the fiscal year 1996, $401,760,000 for the
fiscal year 1997, $401,760,000 for the fiscal year 1998, and
$401,760,000 for the fiscal year 1999.
(4) Representation allowances.--For ``Representation
Allowances'', $4,500,000 for the fiscal year 1996, $4,500,000
for the fiscal year 1997, $4,500,000 for the fiscal year 1998,
and $4,500,000 for the fiscal year 1999.
(5) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$6,000,000 for the fiscal year 1996, $6,000,000 for the fiscal
year 1997, $6,000,000 for the fiscal year 1998, and $6,000,000
for the fiscal year 1999.
(6) Office of the inspector general.--For ``Office of the
Inspector General'', $23,350,000 for the fiscal year 1996,
$23,000,000 for the fiscal year 1997, $48,500,000 for the
fiscal year 1998, and $48,500,000 for the fiscal year 1999.
(7) Foreign service retirement and disability fund.--For
the ``Foreign Service Retirement and Disability Fund'',
$125,402,000 for the fiscal year 1996, $125,402,000 for the
fiscal year 1997, $132,000,000 for the fiscal year 1998, and
$135,000,000 for the fiscal year 1999.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,400,000
for the fiscal year 1996, $15,400,000 for the fiscal year 1997,
$15,400,000 for the fiscal year 1998, and $15,400,000 for the
fiscal year 1999.
(9) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $8,579,000
for the fiscal year 1996, $8,579,000 for the fiscal year 1997,
$8,579,000 for the fiscal year 1998, and $8,579,000 for the
fiscal year 1999.
(10) Capital investment fund.--For the ``Capital Investment
Fund'', $32,800,000 for each of the fiscal years 1996 and 1997
and $25,000,000 for each of the fiscal years 1998 and 1999.
(11) Asia foundation.--For ``The Asia Foundation'', not
more than $5,000,000 for the fiscal year 1996, and $3,000,000
for each of the fiscal years 1997, 1998, and 1999.
(12) Repatriation loans.--For ``Repatriation Loans'',
$776,000 for the fiscal year 1996 and $700,000 for each of the
fiscal years 1997, 1998, and 1999.
(b) Foreign Currency Exchange Rates.--In addition to amounts
otherwise authorized to be appropriated by subsection (a), there are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 1996, 1997, 1998, and 1999 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. 112. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--
(1) Migration and refugee assistance.--There are authorized
to be appropriated for ``Migration and Refugee Assistance'' for
authorized activities, $721,000,000 for the fiscal year 1996,
and $721,000,000 for each of the fiscal years 1997, 1998, and
1999.
(2) Allocation of funds.--Of the funds authorized to be
appropriated by paragraph (1)--
(A) not less than $80,000,000 shall be made
available in the fiscal year 1996 for assistance for
refugees resettling in Israel from other countries; and
(B) not less than $50,000,000 for each of the
fiscal years 1996 and 1997 shall be made available for
the Emergency Refugee and Migration Assistance Fund
under section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)).
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to remain until expended.
CHAPTER 2--AUTHORITIES AND ACTIVITIES
SEC. 121. LEASE-PURCHASE OF OVERSEAS PROPERTY.
(a) Authority for Lease-Purchase.--Subject to subsections (b) and
(c), the Secretary is authorized to acquire by lease-purchase such
properties as are described in subsection (b), if--
(1) the Secretary of State, and
(2) the Director of the Office of Management and Budget,
certify and notify the appropriate committees of Congress that the
lease-purchase arrangement will result in a net cost savings to the
Federal Government when compared to a lease, a direct purchase, or
direct construction of comparable property.
(b) Locations and Limitations.--The authority granted in subsection
(a) may be exercised only--
(1) to acquire appropriate housing for Department of State
personnel stationed abroad and for the acquisition of other
facilities, in locations in which the United States has a
diplomatic mission; and
(2) during fiscal years 1996 through 1999.
(c) Authorization of Funding.--Funds for lease-purchase
arrangements made pursuant to subsection (a) shall be available from
amounts appropriated under the authority of section 111(a)(3) (relating
to the Acquisition and Maintenance of Buildings Abroad'' account).
SEC. 122. UNITED STATES EMBASSY BUILDING IN BERLIN, GERMANY.
It is the sense of the Congress that the Secretary of State
should--
(1) utilize, as the United States Embassy to Germany,
property held by the United States Government under the Foreign
Service Building Act, 1926, in the vicinity of the Brandenburg
Gate in Berlin, Germany; and
(2) be authorized to make any improvements necessary.
SEC. 123. FEES FOR COMMERCIAL SERVICES.
Section 52 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2724) is amended in subsection (b) by adding the following
new sentence at the end: ``Such fees shall remain available for
obligation until expended.''.
SEC. 124. REDUCTION OF REPORTING REQUIREMENTS.
(a) Period for Reporting.--Section 488(a)(3) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291g) is amended by striking
``quarter of the''.
(b) Repeal.--Section 503(b) of the Foreign Relations Authorization
Act, Fiscal Year 1979 (Public Law 95-426) is repealed.
SEC. 125. BUYING POWER MAINTENANCE ACCOUNT.
Section 24 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2696) is amended in subsection (b)(7) by striking
subparagraph (D).
SEC. 126. CAPITAL INVESTMENT FUND.
Section 135 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 2684a) is amended--
(1) in subsection (a), by inserting ``and upgrade'' after
``procurement'';
(2) in subsection (c), by striking ``are authorized to''
and inserting ``shall'';
(3) in subsection (d), by striking all that follows
``available'' and inserting ``for the purposes of subsection
(a).''; and
(4) in subsection (e), by striking all that follows ``(22
U.S.C. 2710)'' and before the period at the end.
SEC. 127. ADMINISTRATIVE EXPENSES.
Section 5 of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2605) is amended--
(1) in subsection (a)(1), by inserting before ``, and
without regard'' the following: ``and other personnel assigned
to the bureau charged with carrying out this Act''; and
(2) by striking subsection (c).
SEC. 128. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:
``SEC. 53. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
``The Secretary of State is authorized to charge a fee for use of
the Department of State diplomatic reception rooms. Fees collected
under the authority of this section shall be deposited as an offsetting
collection to any Department of State appropriation to recover the
costs of such use and shall remain available for obligation until
expended.''.
SEC. 129. CONTRACTS AT POSTS ABROAD.
(a) Avoidance of Duplicative Procurements.--A contracting officer
of an agency of the Federal Government that performs functions at
diplomatic and consular posts abroad shall, to the maximum extent
practicable, avoid entering into a contract for procurement of property
or services that can be procured for that agency under an existing
contract, or by a modification (in accordance with subsection (b)) of
an existing contract, of another agency of the Federal Government that
performs functions at diplomatic and consular posts abroad.
(b) Modification of Contracts.--Notwithstanding any provision of
law that requires the use of competitive procedures in Federal
Government procurements, a contract of an agency of the Federal
Government performing functions at diplomatic or consular posts abroad
that has been awarded using competitive procedures may be modified to
increase the quantity of the property or services to be procured under
the contract in order to provide for procurement of the property or
services for another agency performing functions at diplomatic or
consular posts abroad if the cost to the United States of each unit of
the property or services procured under the contract is not increased
by the modification.
(c) Definition.--For the purposes of this section, the term
``competitive procedures'' has the meaning given that term in section
4(5) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(5)).
SEC. 130. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND
PROCEEDINGS.
(a) Recovery of Certain Expenses.--The Department of State
Appropriation Act of 1937 (49 Stat. 1321; 22 U.S.C. 2661), as amended
by section 142(b) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204)) is amended in the fifth
undesignated paragraph under the heading entitled ``International
fisheries commission'' by striking ``extraordinary''.
(b) Procurement of Services.--Section 38 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2710) is amended in subsection
(c) by inserting ``personal and'' before ``other support services''.
SEC. 131. DIPLOMATIC TELECOMMUNICATIONS SERVICE.
Section 507 of the Department of State and Related Agencies
Appropriations Act, 1995 (Public Law 103-317) is amended in subsections
(a) and (b) by striking ``and each succeeding fiscal year'' each place
it appears.
SEC. 132. DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
(a) Findings.--The Congress makes the following findings:
(1) The Diplomatic Telecommunications Service Program
Office (hereafter in this section referred to as ``DTS-PO'')
has made significant enhancements to upgrade the worldwide DTS
network with high speed, high capacity circuitry as well as
improvements at United States embassies and consulates to
enhance utilization of the network.
(2) Notwithstanding the improvements that the DTS-PO has
made to the DTS network, the current management structure needs
to be strengthened to provide a clearly delineated, accountable
management authority for the DTS-PO and the DTS network.
(b) Report Required.--No later than three months after the date of
enactment of this Act, the two agencies providing the greatest funding
to DTS-PO shall submit to the appropriate committees of Congress--
(1) a DTS-PO management plan--
(A) setting forth the organization, mission and
functions of each major element of the DTS-PO; and
(B) designating an entity at each overseas post, or
providing a mechanism for the designation of such an
entity, which will be responsible for the day-to-day
administration of the DTS-PO operations; and
(2) a DTS-PO strategic plan containing--
(A) future customer requirements, validated by the
DTS customer organizations;
(B) a system configuration for the DTS network
which will meet the future telecommunications needs of
the DTS customer agencies;
(C) a funding profile to achieve the system
configuration for the DTS network;
(D) a transition strategy to move to the system
configuration for the DTS network;
(E) a reimbursement plan to cover the direct and
indirect costs of operating the DTS network; and
(F) an allocation of funds to cover the costs
projected to be incurred by each of the agencies or
other entities utilizing DTS to maintain DTS, to
upgrade DTS, and to provide for future demands for DTS.
(c) Definition.--As used in this section, the term ``appropriate
committees of Congress'' means the Select Committee on Intelligence,
the Committee on Foreign Relations, and the Committee on Appropriations
of the Senate and the Permanent Select Committee on Intelligence, the
Committee on International Relations, and the Committee on
Appropriations of the House of Representatives.
SEC. 133. INTERNATIONAL CENTER RESERVE FUNDS.
Funds retained by the Secretary of State in the reserve for
maintenance and security established pursuant to section 5 of the
International Center Act (Public Law 90-533) may be deposited in
interest bearing accounts, and the Secretary may retain for the
purposes set forth in that section any interest earned on such deposits
without returning such interest to the Treasury of the United States
and without further appropriation by the Congress.
SEC. 134. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN
ENVIRONMENTAL, SCIENTIFIC, CULTURAL AND RELATED AREAS.
In order to promote the maximum benefits from continued
participation in international agreements in effect as of the date of
enactment of this Act for cooperation in environmental, scientific,
cultural and related areas, appropriated funds that have been made
available in fiscal years 1995 and prior fiscal years under the
Department of State's program of international environmental,
scientific, and cultural cooperation to joint funds or accounts under
such agreements may, to the extent specified within the agreement, be
deposited in interest bearing accounts prior to disbursement of such
funds for the purposes of the program. Interest earned may be retained
for use under such agreements for program or administrative purposes,
without returning such interest to the Treasury of the United States
and without further appropriation by Congress.
SEC. 135. UNITED STATES DIPLOMATIC FACILITIES IN KOSOVA.
The Secretary of State is authorized to lease or otherwise acquire
an office and residence in Pristina, Kosova, for use by United States
diplomatic or consular personnel.
SEC. 136. ANTIBRIBERY STUDY.
(a) Findings.--The Congress finds that--
(1) United States nationals and companies, and their
foreign subsidiaries, are prohibited from bribing foreign
officials under the Foreign Corrupt Practices Act of 1977
(Public Law 95-213);
(2) United States trade competitors and nationals of other
industrialized countries are not prohibited by law from
utilizing bribes in retaining or obtaining foreign procurement
contracts;
(3) some countries permit a deduction for income tax
purposes for bribes paid to secure foreign business;
(4) effective anticorruption statutes include criminal,
commercial, civil, and administrative laws prohibiting bribery
of foreign public officials, tax laws which make bribery
unprofitable, transparent business accounting requirements that
ensure proper recording of relevant payments and appropriate
inspection of such records, prohibitions on licenses,
government procurement contracts, and public subsidies, and
substantial monetary fines for bribery;
(5) the Organization for Economic Cooperation and
Development passed a resolution on May 27, 1994, recommending
that OECD Member states ``deter, prevent, and combat the
bribery of foreign public officials in connection with
international business transactions''; and
(6) these initiatives will help strengthen vibrant
international trade and export markets and ensure fair
competitive conditions for United States exporters.
(b) Sense of Congress.--It is the sense of the Congress that the
United States should strongly urge universal adoption of the principles
set forth in the Foreign Corrupt Practices Act of 1977 (Public Law 95-
213) in order that adopting countries implement effective means, in
accordance with the legal and jurisdictional principles of such
countries, of combating bribery of foreign public officials, including
the imposition of administrative, civil, and criminal sanctions for
such bribery.
(c) Study.--The Secretary of State shall conduct a study to
develop, in consultation with the Secretary of Commerce, the Director
of the Central Intelligence Agency, the Agency for International
Development, the Overseas Private Investment Corporation, the Trade and
Development Agency, and the Export-Import Bank of the United States,
proposals to end the discrimination against United States exports that
result from bribery and corruption in international business
transactions.
(d) Report.--The Secretary of State shall submit a report
containing the proposals developed under subsection (c) to the
Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives not later than
90 days after the date of enactment of this Act. The report and
proposals provided to such committees shall--
(1) take into account, discuss, and analyze the laws of our
ten primary trade competitors which govern bribery and
corruption in overseas business transactions, and include
recommendations for the implementation of the resolution on
bribery passed by the Organization for Economic Cooperation and
Development on May 27, 1994;
(2) include specific recommendations for the universal
adoption of the principles set forth in the Foreign Corrupt
Practices Act of 1977 (Public Law 95-213);
(3) analyze the feasibility of United States embassies
assisting United States businesses when competing for overseas
contracts by disclosing information about bribery or corruption
of other foreign nationals competing for the contract; and
(4) make recommendations for any legislation which may be
necessary or appropriate to carry out such proposals.
(e) Definition.--For the purposes of this section, the term
``bribery'', in the case of a corporation, means the direct or indirect
offer or provision by the corporation of any undue pecuniary or other
advantage to or for an individual in order to procure business and
business contract for the corporation or its subsidiaries.
SEC. 137. BUDGET ACT COMPLIANCE.
The authorities contained in the amendments made in sections 121,
123, 125, 128, 130, 133, 134, 148, 161, and 163 of this Act may be
exercised only to the extent or in the amounts provided in
appropriations Acts.
CHAPTER 3--PERSONNEL
SEC. 141. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) End Fiscal Year 1996 Levels.--The number of members of the
Foreign Service authorized to be employed as of September 30, 1996--
(1) for the Department of State, shall not exceed 8,700, of
whom not more than 740 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, shall not
exceed 900, of whom not more than 155 shall be members of the
Senior Foreign Service; and
(3) for the Agency for International Development, shall not
exceed 900, of whom not more than 125 shall be members of the
Senior Foreign Service.
(b) End Fiscal Year 1997 Levels.--The number of members of the
Foreign Service authorized to be employed as of September 30, 1997--
(1) for the Department of State, shall not exceed 8,500, of
whom not more than 700 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, shall not
exceed 800, of whom not more than 140 shall be members of the
Senior Foreign Service; and
(3) for the Agency for International Development, shall not
exceed 650, of whom not more than 75 shall be members of the
Senior Foreign Service.
(c) Definition.--For the purposes of this section, the term
``members of the Foreign Service'' is used within the meaning of such
term under section 103 of the Foreign Service Act of 1980 (22 U.S.C
3903), except that such term does not include--
(1) members of the Service under paragraphs (6) and (7) of
such section;
(2) members of the Service serving under temporary 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 Service serving under non-career limited
appointments.
(d) Exceptions.--(1)(A) Except as provided in subparagraph (B), the
numerical limitations contained in subsections (a) and (b) shall not
apply to Foreign Service personnel serving under noncareer limited
appointments.
(B) The number of Foreign Service personnel serving under noncareer
limited appointments may not exceed--
(i) for fiscal year 1996, 5 percent of the aggregate
numerical limitation on members of the Foreign Service
contained in subsection (a); and
(ii) for each of the fiscal years 1997, 1998, and 1999, 7
percent of the aggregate numerical limitation on members of the
Foreign Service contained in subsection (a).
(2) The Secretary of State is encouraged to utilize Foreign Service
personnel serving under noncareer limited appointments to perform
duties relating to--
(A) export promotion and trade;
(B) information management systems; and
(C) the provision of medical services.
(3) Notwithstanding any other provision of law, the Secretary of
State may terminate the appointment of any member of the Foreign
Service serving under a noncareer limited appointment before the
expiration of the period of the appointment.
SEC. 142. RESTRICTION ON LOBBYING ACTIVITIES OF FORMER UNITED STATES
CHIEFS OF MISSION.
Section 207(d)(1) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) in subparagraph (C), by inserting ``or'' after ``title
3,''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) serves in the position of chief of mission
(as defined in section 102(3) of the Foreign Service
Act of 1980),''.
SEC. 143. FOREIGN SERVICE GROUNDING IN UNITED STATES BUSINESS.
It is the sense of the Congress that the Secretary of State, in
consultation with the Secretary of Commerce, should require the
National Center for Humanities, Education, Languages, and Management
Studies, as redesignated by section 152 of this Act, to significantly
increase the emphasis on commercial activity, export promotion, and
trade in carrying out its core programs and should offer additional
classes in such subjects.
SEC. 144. FOREIGN AFFAIRS ADMINISTRATIVE SUPPORT.
(a) Authorization.--The Secretary of State, after consulting with
the heads of the other United States Government agencies maintaining
personnel overseas, is authorized to establish a financial system by
which the Department of State is reimbursed by other agencies of the
United States Government that maintain an overseas presence for the
incremental expenses incurred by the Department in providing
administrative support to such agencies at United States posts abroad.
(b) Establishment of a Committee.--The President shall establish an
interagency committee consisting of representatives from United States
Government agencies maintaining a significant number of personnel
overseas and headed by the Secretary of State, for the purpose of
implementing subsection (a). The committee shall develop rules and
regulations governing--
(1) a dispute settlement mechanism to resolve interagency
disputes over the provision of administrative services at posts
abroad and over reimbursement levels; and
(2) formulas for cost-assessment formulation, either on a
per capita basis or on a fee-for-service basis with the
following principle: all direct and indirect costs should be
fully recovered by the Department, including services such as
the Community Liaison Officer, building operating expenses and
local guards, and such other expenses as the committee
determines necessary to be covered.
(c) Working Capital Fund.--There is hereby established on the books
at the Treasury an account into which the Secretary of State may
deposit payments received from any United States agency participating
in the financial system established under subsection (a). Amounts in
the account shall be available without fiscal year limitation.
SEC. 145. FOREIGN SERVICE REFORM.
(a) Appointments by the President.--Section 302(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3942(b)) is amended in the second
sentence--
(1) by striking ``may elect to'' and inserting ``shall'';
and
(2) by striking ``Service,'' and all that follows and
inserting ``Service.''.
(b) Performance Pay.--Section 405 of the Foreign Service Act of
1980 (22 U.S.C. 3965) is amended--
(1) in subsection (a), by striking ``Members'' and
inserting ``Subject to subsection (e), members''; and
(2) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the Secretary of
State may provide for recognition of the meritorious or distinguished
service of a member of the Foreign Service described in subsection (a)
(including members of the Senior Foreign Service) by means other than
an award of performance pay in lieu of making such an award under this
section.''.
(c) Expedited Separation Out.--The Secretary of State shall develop
and implement not later than 90 days after the date of enactment of
this Act procedures to identify, and recommend for separation, members
of the Foreign Service ranked by promotion boards in the bottom five
percent of their class for any two of the five preceding years.
(d) Uniform Administration of the Foreign Service.--(1) Section
101(b)(9) of the Foreign Service Act of 1980 (22 U.S.C. 3901(b)(9)) is
amended to read as follows:
``(9) establishing a consolidated and uniform
administration of a single Foreign Service of the United States
by the Director General of the Foreign Service, under the
direction of the President and the Secretary of State; and''.
(2) Section 203(a) of the Foreign Service Act of 1980 (22 U.S.C.
3923(a)) is amended by amending the first sentence to read as follows:
``There is one Foreign Service, and any agency that seeks to utilize
the authorities of the Foreign Service Act of 1980 shall do so in
strict conformance with the common standards and procedures set out by
the Director General of the Foreign Service under the authority of the
Secretary of State.''.
SEC. 146. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.
Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4117(e)(2)) is amended to read as follows:
``(2) For the purposes of paragraph (1)(A)(ii) and paragraph
(1)(B), the term `management official' does not include chiefs of
mission, principal officers or their deputies, administrative and
personnel officers abroad, or individuals described in section 1002(12)
(B), (C), and (D) who are not involved in the administration of this
chapter or in the formulation of the personnel policies and programs of
the Department.''.
SEC. 147. REPORT ON PROMOTION AND RETENTION OF PERSONNEL.
Section 601(c)(4) of the Foreign Service Act of 1980 (22 U.S.C.
4001(c)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) include on a biannual basis the comments of the
Inspector General for Foreign Affairs with respect to the
adequacy of the report on the matters described in this
paragraph.''.
SEC. 148. RECOVERY OF COSTS OF HEALTH CARE SERVICES.
(a) Authorities.--Section 904 of the Foreign Service Act of 1980
(22 U.S.C. 4084) is amended--
(1) in subsection (a), by striking ``and'' before ``members
of the families of such members and employees'' and inserting
before the period ``, and (for care provided abroad) such other
persons as are designated by the Secretary of State, except
that such persons shall be considered persons other than
covered beneficiaries for purposes of subsections (g) and
(h)'';
(2) in subsection (d), by inserting ``, subject to the
provisions of subsections (g) and (h)'' before the period; and
(3) by adding at the end the following new subsections:
``(g)(1) In the case of a person who is a covered beneficiary, the
Secretary of State is authorized to collect from a third party payer
the reasonable costs incurred by the Department of State on behalf of
such person for health care services to the same extent that the
covered beneficiary would be eligible to receive reimbursement or
indemnification from the third party payer for such costs.
``(2) If the insurance policy, plan, contract, or similar agreement
of that third party payer includes a requirement for a deductible or
copayment by the beneficiary of the plan, then the Secretary of State
may collect from the third party payer only the reasonable cost of the
care provided less the deductible or copayment amount.
``(3) A covered beneficiary shall not be required to pay any
deductible or copayment for health care services under this subsection.
``(4) No provision of any insurance, medical service, or health
plan contract or agreement having the effect of excluding from coverage
or limiting payment of charges for care in the following circumstances
shall operate to prevent collection by the Secretary of State under
paragraph (1):
``(A) Care provided directly or indirectly by a
governmental entity.
``(B) Care provided to an individual who has not paid a
required deductible or copayment.
``(C) Care provided by a provider with which the third
party payer has no participation agreement.
``(5) No law of any State, or of any political subdivision of a
State, and no provision of any contract or agreement, shall operate to
prevent or hinder recovery or collection by the United States under
this section.
``(6) As to the authority provided in paragraph (1) of this
subsection--
``(A) the United States shall be subrogated to any right or
claim that the covered beneficiary may have against a third
party payer;
``(B) the United States may institute and prosecute legal
proceedings against a third party payer to enforce a right of
the United States under this subsection; and
``(C) the Secretary may compromise, settle, or waive a
claim of the United States under this subsection.
``(7) The Secretary shall prescribe regulations for the
administration of this subsection and subsection (h). Such regulations
shall provide for computation of the reasonable cost of health care
services.
``(8) Regulations prescribed under this subsection shall provide
that medical records of a covered beneficiary receiving health care
under this subsection shall be made available for inspection and review
by representatives of the payer from which collection by the United
States is sought for the sole purposes of permitting the third party to
verify--
``(A) that the care or services for which recovery or
collection is sought were furnished to the covered beneficiary;
and
``(B) that the provision of such care or services to the
covered beneficiary meets criteria generally applicable under
the health plan contract involved, except that this subsection
shall be subject to the provisions of paragraphs (2) and (4).
``(9) Amounts collected under this subsection or under subsection
(h) from a third party payer or from any other payer shall be deposited
as an offsetting collection to any Department of State appropriation
and shall remain available until expended.
``(10) In this section:
``(A) The term `covered beneficiary' means an individual
eligible to receive health care under this section whose health
care costs are to be paid by a third party payer under a
contractual agreement with such payer.
``(B) The term `services' as used in `health care services'
includes products.
``(C) The term `third party payer' means an entity that
provides a fee-for-service insurance policy, contract or
similar agreement through the Federal Employees Health Benefit
program, under which the expenses of health care services for
individuals are paid.
``(h) In the case of a person, other than a covered beneficiary,
who receives health care services pursuant to this section, the
Secretary of State is authorized to collect from such person the
reasonable costs of health care services incurred by the Department of
State on behalf of such person. The United States shall have the same
rights against persons subject to the provisions of this subsection as
against third party payers covered by subsection (g).''.
(b) Effective Date.--The authorities of this section shall be
effective beginning October 1, 1996.
SEC. 149. NONOVERTIME DIFFERENTIAL PAY.
Title 5 of the United States Code is amended--
(1) in section 5544(a), by inserting after the fourth
sentence the following new sentence: ``For employees serving
outside the United States in areas where Sunday is a routine
workday and another day of the week is officially recognized as
the day of rest and worship, the Secretary of State may
designate the officially recognized day of rest and worship as
the day with respect to which additional pay is authorized by
the preceding sentence.''; and
(2) at the end of section 5546(a), by adding the following
new sentence: ``For employees serving outside the United States
in areas where Sunday is a routine workday and another day of
the week is officially recognized as the day of rest and
worship, the Secretary of State may designate the officially
recognized day of rest and worship as the day with respect to
which additional pay is authorized by the preceding
sentence.''.
SEC. 150. ACCESS TO RECORDS.
Section 1108 of the Foreign Service Act of 1980 (22 U.S.C. 4138) is
amended by adding at the end the following new subsection:
``(f) As used in this section, the term ``agency records'' does not
include records created or maintained by the Office of the Inspector
General of the employing agency. That Office may, in its discretion,
provide the Board records or information relevant to a grievance.''.
SEC. 151. TRAINING.
Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is
amended--
(1) by redesignating subsection (d)(4) as subsection (g);
and
(2) by inserting after subsection (d)(3) the following new
subsections:
``(e)(1) The Secretary is authorized to provide appropriate
training through the institution to employees of United States
companies that are engaged in business abroad, and to the families of
such employees, when such training is in the national interest of the
United States.
``(2) In the case of companies that are under contract to provide
services to the Department of State, the Secretary is authorized to
provide job-related training to the companies' employees who are
performing such services.
``(3) Training under this subsection shall be on a reimbursable or
advance-of-funds basis. Such reimbursements or advances shall be
credited to the currently available applicable appropriation account.
``(4) Training under this subsection is authorized only to the
extent that it will not interfere with the institution's primary
mission of training employees of the Department and of other agencies
in the field of foreign relations.
``(f)(1) The Secretary is authorized to provide on a reimbursable
basis foreign language training programs to Members of Congress.
``(2) Nonexecutive branch staff members may participate on
reimbursable, space-available basis in foreign language programs
offered by the institution.
``(3) Reimbursements collected under this subsection shall be
credited to the currently available applicable appropriation
account.''.
SEC. 152. REDESIGNATION OF NATIONAL FOREIGN AFFAIRS TRAINING CENTER.
The National Foreign Affairs Training Center is hereby redesignated
as the ``National Center for Humanities, Education, Languages, and
Management Studies''.
CHAPTER 4--CONSULAR AND RELATED ACTIVITIES
SEC. 161. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid by each
immigrant issued a visa under subsection (c) of section 203 of the
Immigration and Nationality Act (8 U.S.C. 1153(c)). Such fee may be set
at a level so as to cover the full cost to the Department of State of
administering that subsection, including the cost of processing all
applications thereunder. All such fees collected shall be deposited as
an offsetting collection to any Department of State appropriation and
shall remain available for obligation until expended. The provisions of
the Act of August 18, 1856 (Rev. Stat. 1726-28; 22 U.S.C. 4212-14),
concerning accounting for consular fees, shall not apply to fees
collected pursuant to this section.
SEC. 162. FEE FOR EXECUTION OF PASSPORT APPLICATIONS.
Section 1 of the Act of June 4, 1920 (41 Stat. 750; 22 U.S.C. 214)
is amended by--
(1) inserting before the period at the end of the first
sentence the following: ``; except that the Secretary of State
may by regulation authorize State officials or the United
States Postal Service to collect and retain the execution fee
for each application for a passport accepted by such officials
or by that Service''; and
(2) striking the second sentence.
SEC. 163. FEES FOR MACHINE READABLE VISAS.
The Secretary of State is authorized to collect amounts under
paragraph (1) of section 140(a) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351),
not to exceed $150,000,000 for each of the fiscal years 1996, 1997,
1998, and 1999.
SEC. 164. CHILDREN ADOPTED ABROAD.
Section 101(b) of the Immigration and Nationality Act (8 U.S.C.
1101(b)) is amended--
(1) in paragraph (1)(A), by striking ``legitimate child''
and inserting ``child born in wedlock''; and
(2) in paragraphs (1)(D) and (2), by striking ``an
illegitimate child'' each time it appears and inserting ``a
child born out of wedlock''.
SEC. 165. CONSULAR OFFICERS.
(a) Persons Authorized To Issue Reports of Births Abroad.--Section
33 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2705) is amended in paragraph (2) by adding at the end the following:
``For purposes of this paragraph, a consular officer shall include any
United States citizen employee of the Department of State designated by
the Secretary of State to adjudicate nationality abroad pursuant to
such regulations as the Secretary may prescribe.''.
(b) Provisions Applicable to Consular Officers.--Section 31 of the
Act of August 18, 1856 (Rev. Stat. 1689; 22 U.S.C. 4191), is amended by
inserting after ``such officers'' the following: ``and to such other
United States citizen employees of the Department of State as may be
designated by the Secretary of State pursuant to such regulations as
the Secretary may prescribe''.
(c) Persons Authorized To Authenticate Foreign Documents.--Section
3492(c) of title 18 of the United States Code is amended by adding at
the end the following: ``For purposes of this section and sections 3493
through 3496 of this title, a consular officer shall include any United
States citizen employee of the Department of State designated to
perform notarial functions pursuant to section 24 of the Act of August
18, 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).''.
(d) Persons Authorized To Administer Oaths.--Section 115 of title
35 of the United States Code is amended by adding at the end the
following: ``For purposes of this section, a consular officer shall
include any United States citizen employee of the Department of State
designated to perform notarial functions pursuant to section 24 of the
Act of August 18, 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).''.
(e) Definition of Consular Officer.--Section 101(a)(9) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by
adding at the end the following new sentence: ``As used in title III,
the term ``consular officer'' includes any United States citizen
employee of the Department of State designated by the Secretary of
State to adjudicate nationality abroad pursuant to such regulations as
the Secretary may prescribe.''.
SEC. 166. EXCLUSION FROM THE UNITED STATES FOR MEMBERSHIP IN A
TERRORIST ORGANIZATION.
Section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (i)(I);
(2) by inserting ``or'' at the end of clause (i)(II);
(3) by inserting after clause (i)(II) the following new
subclause:
``(III) is a member of a terrorist
organization or who actively supports
or advocates terrorist activity,''; and
(4) by adding at the end the following new clause:
``(iv) Terrorist organization defined.--As
used in this subparagraph, the term `terrorist
organization' means an organization that
engages in, or has engaged in, terrorist
activity as determined by the Attorney General,
in consultation with the Secretary of State.''.
SEC. 167. INCITEMENT AS A BASIS FOR EXCLUSION FROM THE UNITED STATES.
(a) In General.--Section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this Act, is
further amended--
(1) by striking ``or'' at the end of clause (i)(II);
(2) in clause (i)(III) by inserting ``or'' at the end; and
(3) by inserting after clause (i)(III) the following new
subclause:
``(IV) has advocated terrorism or has
incited targeted racial vilification or has
advocated the death or destruction of United
States citizens, United States Government
officials, or the overthrow of the United
States Government,''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to aliens seeking to enter the United States on or after the date
of enactment of this Act.
SEC. 168. VISIT OF THE PRESIDENT OF THE REPUBLIC OF CHINA ON TAIWAN.
Notwithstanding any other provision of law, the President of the
Republic of China on Taiwan shall be admitted to the United States for
a visit in 1995 with all appropriate courtesies.
SEC. 169. TERRORIST LOOKOUT COMMITTEES.
(a) Establishment.--(1) Not later than 30 days after the date of
enactment of this Act, the Secretary of State shall establish within
each United States Embassy a Terrorist Lookout Committee, which shall
include the head of the political section and senior representatives of
all United States law enforcement agencies and all elements of the
intelligence community under the authority of the chief of mission.
(2) Each Committee shall be chaired by the respective deputy chief
of mission, with the head of the consular section as vice chair.
(b) Meetings.--Each Terrorist Lookout Committee established under
subsection (a) shall meet at least monthly and shall maintain records
of its meetings. Upon the completion of each meeting, each Committee
shall report to the Department of State all names submitted for
inclusion in the visa lookout system.
(c) Certification.--If no names are submitted upon completion of a
meeting under subsection (b), the deputy chief of mission shall certify
to the Secretary of State, subject to potential application the
Accountability Review Board provisions of title III of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986, that none of the
relevant sections of the United States Embassy had knowledge of the
identity of any individual eligible for inclusion in the visa lookout
system for possible terrorist activity.
(d) Report.--The Secretary of State shall submit a report on a
quarterly basis to the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of
Representatives on the status of the Terrorist Lookout Committees.
SEC. 170. SENSE OF CONGRESS ON BORDER CROSSING FEES.
(a) Findings.--The Congress finds that--
(1) in the budget of the United States for fiscal year 1996
that was submitted to Congress, the President proposed to
impose and collect a border crossing fee for individuals and
vehicles entering the United States;
(2) both the Canadian and Mexican governments have
expressed opposition to the imposition and collection of such a
fee and have raised the possibility of imposing retaliatory
border crossing fees of their own;
(3) the imposition and collection of such a fee would have
adverse affects on tourism and commerce that depend on travel
across the borders of the United States;
(4) the imposition and collection of such a fee would have
such effects without addressing illegal immigration in a
meaningful way;
(5) on February 22, 1995, the President modified his
proposal making the imposition of the new fees voluntary on
United States border States (but tied the availability of
Federal funds to improve border crossing infrastructure on
their willingness to impose such fees); and
(6) on May 4, 1995, the President further modified the
border crossing fee proposal in immigration control legislation
he submitted to Congress setting a $1.50 per car and $.75 per
pedestrian fee structure.
(b) Sense of the Congress.--It is the sense of the Congress that
the United States Government should not impose or collect a border
crossing fee along its borders with Canada and Mexico.
TITLE II--UNITED NATIONS
CHAPTER 1--FUNDING; BUDGETARY AND MANAGEMENT REFORM
SEC. 201. ASSESSED CONTRIBUTIONS TO THE UNITED NATIONS AND AFFILIATED
AGENCIES.
There are authorized to be appropriated under the heading
``Assessed Contributions to the United Nations and other International
Organizations'' (previously known as ``Contributions to International
Organizations'') $777,000,000 for each of the fiscal years 1996, 1997,
1998, and 1999 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 the United
Nations, its affiliated agencies, and other international organizations
and to carry out other authorities in law consistent with such
purposes.
SEC. 202. ASSESSED CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES.
There are authorized to be appropriated for ``Contributions for
International Peacekeeping Activities'', $445,000,000 for the fiscal
year 1996, $375,000,000 for the fiscal year 1997, $300,000,000 for the
fiscal year 1998, and $210,000,000 for the fiscal year 1999 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.
SEC. 203. CALCULATION OF ASSESSED CONTRIBUTIONS.
It is the sense of the Congress that the United Nations General
Assembly should reformulate the percentage shares of total assessed
contributions to the United Nations payable by the member nations to
reflect each nation's share of the total world gross national product.
SEC. 204. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--The President may withhold 20 percent
of the funds appropriated pursuant to section 111 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 the President's representative)
and the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
(c) Report to Congress.--Not later than February 1 of each year,
the President shall submit to the Congress a report concerning the
amount of United States assessed contributions paid to the United
Nations and each of its specialized agencies during the preceding
calendar year.
SEC. 205. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.
(a) In General.--The United Nations Participation Act of 1945 (22
U.S.C. 287 et seq.) is amended by adding at the end the following new
section:
``SEC. 10. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.
``(a) Withholding of Contributions.--
``(1) Assessed contributions for regular united nations
budget.--At the beginning of each fiscal year, 20 percent of
the amount of funds made available for that fiscal year for
United States assessed contributions for the regular United
Nations budget shall be withheld from obligation and
expenditure unless a certification for that fiscal year has
been made under subsection (b).
``(2) Assessed contributions for united nations
peacekeeping.--At the beginning of each fiscal year, 50 percent
of the amount of funds made available for that fiscal year for
United States assessed contributions for United Nations
peacekeeping activities shall be withheld from obligation and
expenditure unless a certification for that fiscal year has
been made under subsection (b).
``(3) Voluntary contributions for united nations
peacekeeping.--The United States may not during any fiscal year
pay any voluntary contribution to the United Nations for
international peacekeeping activities unless a certification
for that fiscal year has been made under subsection (b).
``(b) Certification.--The certification referred to in subsection
(a) for any fiscal year is a certification by the President to the
Congress, submitted on or after the beginning of that fiscal year, of
each of the following:
``(1) The United Nations has an independent office of
Inspector General to conduct and supervise objective audits,
inspections, and investigations relating to programs and
operations of the United Nations.
``(2) The United Nations has an Inspector General who was
appointed by the Secretary General with the approval of the
General Assembly and whose appointment was made principally on
the basis of the appointee's integrity and demonstrated ability
in accounting, auditing, financial analysis, law, management
analysis, public administration, or investigation.
``(3) The Inspector General is authorized to--
``(A) make investigations and reports relating to
the administration of the programs and operations of
the United Nations;
``(B) have access to all relevant records,
documents, and other available materials relating to
those programs and operations; and
``(C) have direct and prompt access to any official
of the United Nations.
``(4) The United Nations has fully implemented, and made
available to all member states, procedures designed to protect
the identity of, and prevent reprisals against, any staff
member of the United Nations making a complaint or disclosing
information to, or cooperating in any investigation or
inspection by, the United Nations Inspector General.
``(5) The United Nations has fully implemented procedures
designed to ensure compliance with recommendations of the
United Nations Inspector General.
``(6) The United Nations has required the United Nations
Inspector General to issue an annual report and has ensured
that the annual report and all other relevant reports of the
Inspector General are made available to the General Assembly
without modification.
``(7) The United Nations is committed to providing,
sufficient budgetary resources to ensure the effective
operation of the United Nations Inspector General.''.
(b) Effective Date.--Section 11 of the United Nations Participation
Act of 1945, as added by subsection (a), shall apply only with respect
to fiscal years after fiscal year 1995.
SEC. 206. WHISTLEBLOWER PROVISION.
The President shall withhold 10 percent of the funds made available
under this Act for each of the fiscal years 1996, 1997, 1998, and 1999
for United States assessed contributions for the regular United Nations
budget until the Secretary of State certifies to Congress that--
(1) the United Nations has developed and implemented
policies and regulations to protect employees who allege or
report instances of fraud or mismanagement, and
(2) the Office of Internal Oversight Services (OIOS) within
the United Nations Secretariat has reviewed those policies and
regulations and found, in writing, that they offer adequate
safeguards against retaliation for such employees.
CHAPTER 2--UNITED NATIONS PEACEKEEPING
SEC. 211. ANNUAL REPORT ON UNITED STATES CONTRIBUTIONS TO UNITED
NATIONS PEACEKEEPING ACTIVITIES.
Section 4(d)(1) of the United Nations Participation Act of 1945 (22
U.S.C. 287b(d)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) A description of the anticipated budget for
the next fiscal year for United States participation in
United Nations peacekeeping activities, including a
statement of--
``(i) the aggregate amount of funds
available to the United Nations for that fiscal
year, including assessed and voluntary
contributions, which may be made available for
United Nations peacekeeping activities; and
``(ii) the aggregate amount of funds (from
all accounts) and the aggregate costs of in-
kind contributions that the United States
proposes to make available to the United
Nations for that fiscal year for United Nations
peacekeeping activities.''.
SEC. 212. PRIOR CONGRESSIONAL NOTIFICATION OF SECURITY COUNCIL VOTES ON
UNITED NATIONS PEACEKEEPING ACTIVITIES.
Section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Notice to Congress of Proposed United Nations Peacekeeping
Activities.--(1) Except as provided in paragraph (2), at least 5 days
before any vote in the Security Council to initiate, expand, or modify
any United Nations peacekeeping activity or any other action under the
Charter of the United Nations which would involve the use of United
States Armed Forces or the expenditure of United States funds, the
President shall submit to the designated congressional committees a
notification with respect to the proposed action. The notification
shall include the following:
``(A) A cost assessment of such action (including the total
estimated cost and the United States share of such cost).
``(B) Identification of the source of funding for the
United States share of the costs of the action (whether in an
annual budget request, reprogramming notification, a rescission
of funds, a budget amendment, or a supplemental budget
request).
``(2)(A) If the President determines that an emergency exists which
prevents submission of the 5-day advance notification specified in
paragraph (1) and that the proposed action is in the national security
interests of the United States, the notification described in paragraph
(1) shall be provided in a timely manner but no later than 48 hours
after the vote by the Security Council.
``(B) Determinations made under subparagraph (A) may not be
delegated.''.
SEC. 213. CODIFICATION OF REQUIRED NOTICE TO CONGRESS OF PROPOSED
UNITED NATIONS PEACEKEEPING ACTIVITIES.
(a) Required Notice.--Section 4 of the United Nations Participation
Act of 1945 (22 U.S.C. 287b) is amended--
(1) by striking the second sentence of subsection (a);
(2) by redesignating subsections (e) and (f) (as
redesignated by the preceding section) as subsections (f) and
(g), respectively; and
(3) by inserting after subsection (d) a new subsection (e)
consisting of the text of subsection (a) of section 407 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236), revised--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``in written form not later
than the 10th day of'' after ``shall be
provided'';
(ii) in subparagraph (A)(iv), by inserting
``(including facilities, training,
transportation, communication, and logistical
support, but not including intelligence
activities reportable under title V of the
National Security Act of 1947 (50 U.S.C. 413 et
seq.))'' after ``covered by the resolution'';
and
(iii) in subparagraph (B), by adding at the
end the following new clause:
``(iv) A description of any other United
States assistance to or support for the
operation (including facilities, training,
transportation, communication, and logistical
support, but not including intelligence
activities reportable under title V of the
National Security Act of 1947 (50 U.S.C. 413 et
seq.)), and an estimate of the cost to the
United States of such assistance or support.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3)
and in the last sentence of subparagraph (A) of that
paragraph by striking ``and (ii)'' and inserting
``through (iv)'';
(D) by inserting after paragraph (3) (as so
redesignated) the following new paragraph:
``(4) New united nations peacekeeping operation defined.--
As used in paragraphs (2)(B) and (3), the term `new United
Nations peacekeeping operation' includes any existing or
otherwise ongoing United Nations peacekeeping operation--
``(A) that is to be expanded by more than 25
percent during the period covered by the Security
Council resolution, as measured by either the number of
personnel participating (or authorized to participate)
in the operation or the budget of the operation; or
``(B) that is to be authorized to operate in a
country in which it was not previously authorized to
operate.''; and
(E) in paragraph (5)--
(i) by striking ``(5) Notification'' and
all that follows through ``(B) The President''
and inserting ``(5) Quarterly reports.--The
President''; and
(ii) by striking ``section 4(d)'' and all
that follows through ``of this section)'' and
inserting ``subsection (d)''.
(b) Conforming Repeal.--Subsection (a) of section 407 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), is repealed.
(c) Designated Congressional Committees.--Subsection (g) of section
4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b(g)),
as redesignated by subsection (a), is amended to read as follows:
``(g) Designated Congressional Committees.--As used in this
section, the term `designated congressional committees' has the meaning
given such term in section 11(d).''.
SEC. 214. LIMITATION ON ASSESSMENT PERCENTAGE FOR PEACEKEEPING
ACTIVITIES.
(a) Amendment to the UNPA.--The United Nations Participation Act of
1945 (22 U.S.C. 287 et seq.), as amended by this Act, is further
amended by adding at the end the following new section:
``SEC. 11. CONTRIBUTIONS FOR PEACEKEEPING ACTIVITIES.
``(a) Reassessment of Contribution Percentages.--The Permanent
Representative of the United States to the United Nations should make
every effort to ensure that the United Nations completes an overall
review and reassessment of each nation's assessed contributions for
United Nations peacekeeping operations. As part of the overall review
and assessment, the Permanent Representative should make every effort
to advance the concept that, when appropriate, host governments and
other governments in the region where a United Nations peacekeeping
operation is carried out should bear a greater burden of its financial
cost.
``(b) Limitation on Assessed Contribution With Respect to a
Peacekeeping Operation.--(1) Funds authorized to be appropriated for
`Contributions for International Peacekeeping Activities' for any
fiscal year shall not be available for the payment of the United States
assessed contribution for a United Nations peacekeeping operation in an
amount which is greater than 25 percent of the total amount of all
assessed contributions for that operation, and any arrearages that
accumulate as a result of assessments in excess of 25 percent of the
total amount of all assessed contributions for any United Nations
peacekeeping operation shall not be recognized or paid by the United
States.
``(2) Any penalties, interest, or other charges imposed on the
United States in connection with such contributions shall be credited
as a part of the percentage limitation contained in the preceding
sentence.''.
(b) Effective Date.--The limitation contained in section 11(b) of
the United Nations Participation Act of 1945, as added by subsection
(a), shall apply only with respect to funds authorized to be
appropriated for ``Contributions for International Peacekeeping
Activities'' for fiscal years after fiscal year 1995.
(c) Conforming Repeal.--Section 404 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, is repealed.
SEC. 215. BUY AMERICA REQUIREMENT.
Section 11 of the United Nations Participation Act of 1945 is
amended by adding after subsection (b), as added by this Act, the
following new subsections:
``(c) Buy America Requirement.--No funds may be obligated or
expended to pay any United States assessed or voluntary contribution
for United Nations peacekeeping activities unless the Secretary of
State determines and certifies to the designated congressional
committees that United States manufacturers and suppliers are
being given opportunities to provide equipment, services, and material
for such activities equal to those being given to foreign manufacturers
and suppliers.
``(d) Designated Congressional Committees Defined.--As used in this
section, the term `designated congressional committees' means--
``(1) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives;
and
``(2) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.''.
SEC. 216. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et
seq.) is amended by adding at the end the following new section:
``SEC. 12. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED
NATIONS.
``(a) Provision of Intelligence Information to the United
Nations.--(1) No United States intelligence information may be provided
to the United Nations or any organization affiliated with the United
Nations, or to any officials or employees thereof, unless the President
certifies to the appropriate committees of Congress that the Director
of Central Intelligence (in this section referred to as the `DCI'), in
consultation with the Secretary of State and the Secretary of Defense,
has established and implemented procedures, and has worked with the
United Nations to ensure implementation of procedures, for protecting
from unauthorized disclosure United States intelligence sources and
methods connected to such information.
``(2) Paragraph (1) may be waived upon written certification by the
President to the appropriate committees of Congress that providing such
information to the United Nations or an organization affiliated with
the United Nations, or to any officials or employees thereof, is in the
national security interests of the United States.
``(b) Periodic and Special Reports.--(1) The President shall report
semiannually to the Select Committee on Intelligence and the Committee
on Foreign Relations of the Senate and the Permanent Select Committee
on Intelligence and the Committee on International Relations of the
House of Representatives on the types and volume of intelligence
provided to the United Nations and the purposes for which it was
provided during the period covered by the report. The President shall
also report to the Select Committee on Intelligence and the Committee
on Foreign Relations of the Senate and the Permanent Select Committee
on Intelligence and the Committee on International Relations of the
House of Representatives within 15 days after it has become known to
the United States Government that there has been an unauthorized
disclosure of intelligence provided by the United States to the United
Nations.
``(2) The requirement for periodic reports under the first sentence
of paragraph (1) shall not apply to the provision of intelligence that
is provided only to, and for the use of, appropriately cleared United
States Government personnel serving with the United Nations.
``(c) Delegation of Duties.--The President may not delegate or
assign the duties of the President under this section.
``(d) Relationship to Existing Law.--Nothing in this section shall
be construed to--
``(1) impair or otherwise affect the authority of the
Director of Central Intelligence to protect intelligence
sources and methods from unauthorized disclosure pursuant to
section 103(c)(5) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(5)); or
``(2) supersede or otherwise affect the provisions of title
V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).
``(e) Definition.--As used in this section, the term `appropriate
committees of Congress' means the Select Committee on Intelligence and
the Committee on Foreign Relations of the Senate and the Permanent
Select Committee on Intelligence and the Committee on International
Relations of the House of Representatives.''.
SEC. 217. UNPROFOR FUNDING RESTRICTIONS.
None of the funds authorized to be appropriated by this Act may be
made available for contributions to the United Nations Protection Force
(UNPROFOR) unless the President certifies and reports to the Congress
during the calendar years in which the funds are to be provided that--
(1) the Government of the Republic of Bosnia and
Herzegovina supports the continued presence of UNPROFOR within
its territory;
(2) UNPROFOR is effectively implementing its mandate under
United Nations Security Council resolutions 761, 776, 786, 836,
and 958, and is effectively encouraging compliance with United
Nations Security Council resolutions 752, 757, 770, 771, 787,
820, 824, and 942;
(3) UNPROFOR is providing full cooperation and support to
the efforts of the United Nations War Crimes Tribunal for the
former Yugoslavia to investigate war crimes and to apprehend
and prosecute suspected war criminals;
(4) UNPROFOR is providing full cooperation and support to
United States diplomatic, military, and relief personnel in
Bosnia, to include transportation and accurate information; and
(5) UNPROFOR has investigated and taken appropriate action
against any UNPROFOR civilian or military personnel suspected
of participating in illegal or improper activities, such as
black marketeering, embezzlement, expropriation of property,
and assaults on civilians.
SEC. 218. ESCALATING COSTS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.
(a) Findings.--The Congress finds that--
(1) in fiscal year 1989 the United States provided
$29,000,000 to the United Nations for assessed United States
contributions for international peacekeeping activities,
compared to $485,000,000 paid for combined assessed
contributions for all other international organizations,
including the United Nations, all United Nations specialized
agencies and the Organization for American States and all other
pan American international organizations;
(2) in fiscal year 1994 United States assessed
contributions to the United Nations for international
peacekeeping activities had grown to $1,072,000,000, compared
to $860,000,000 for combined assessed contributions for all
other international organizations;
(3) for fiscal year 1995 the President requested a
$672,000,000 United Nations peacekeeping supplemental
appropriation which, if approved, would have been a direct
increase in the Federal budget deficit and would have brought
fiscal year 1995 total appropriations for assessed
contributions for United Nations peacekeeping activities to
$1,025,000,000;
(4) for fiscal year 1995 the President also requested
supplemental appropriations of $1,900,000,000 to cover the
Department of Defense's unbudgeted costs for humanitarian and
peacekeeping missions in Haiti, Kuwait and Bosnia, which are in
addition to regular United States assessed contributions to the
United Nations for peacekeeping activities; and
(5) for fiscal year 1996 the President requested
$445,000,000 for assessed contributions to the United Nations
for international peacekeeping activities, a funding level most
observers believe to be a significant understatement of actual
peacekeeping obligations the Administration has committed the
United States to support and which, if accurate, would lead to
the third year in a row in which the Administration requests
supplemental appropriations for assessed contributions to
international peacekeeping in excess of $600,000,000 outside of
the regular budget process.
(b) Sense of Congress.--It is the sense of the Congress that the
Executive Branch should cease obligating the United States to pay for
international peacekeeping operations in excess of funds specifically
authorized and appropriated for this purpose.
SEC. 219. DEFINITION.
The United Nations Participation Act of 1945, as amended by this
Act, is further amended by adding at the end the following new section:
``SEC. 13. DEFINITION.
``For purposes of this Act, the term `United Nations peacekeeping
activities' means any peacekeeping, peacemaking, peace-enforcing, or
similar activity that is authorized by the United Nations Security
Council under chapter VI or VII of the Charter of the United Nations,
the costs of which will be assessed by the United Nations to its member
countries.''.
TITLE III--OTHER INTERNATIONAL ORGANIZATIONS
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. INTERNATIONAL CONFERENCES AND CONTINGENCIES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for ``International Conferences and Contingencies'',
$7,000,000 for the fiscal year 1996, $5,000,000 for the fiscal year
1997, $4,000,000 for the fiscal year 1998, and $4,000,000 for the
fiscal year 1999 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.
(b) Conditional Authority.--
(1) Subject to subparagraph (B), in addition to such
amounts as are authorized to be appropriated under subsection
(a), there is authorized to be appropriated for ``International
Conferences and Contingencies'', $1,000,000 for the fiscal year
1996 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.
(2) The authorization of appropriations under paragraph (1)
shall take effect only after the Secretary of State certifies
to the appropriate congressional committees, with respect to
any United Nations Fourth World Conference on Women that is
held in Beijing, that--
(A) no funds of the Department of State were
expended for travel by any United States official or
delegate to the Fourth World Conference on Women, to be
held in Beijing, August and September 1995, or
(B)(i) that the United States vigorously urged the
United Nations to grant accreditation to a wide range
of nongovernmental organizations, including United
States-based groups representing Taiwanese and Tibetan
women, in accordance with relevant international
standards and precedents;
(ii) that the United States pressed the Government
of China to issue visas equitably to representatives of
accredited nongovernmental organizations;
(iii) that the United States encouraged the
Government of China and the United Nations to provide
the accredited nongovernmental organizations with
access to the main conference site that is
substantially equivalent in manner and degree to access
afforded at previous major United Nations conferences;
(iv) that the United States delegation to the
Fourth World Conference on Women vigorously and
publicly supported access by representatives of
accredited nongovernmental organizations to the
conference, especially with respect to United States
nongovernmental organizations;
(v) that the United States delegation to the Fourth
World Conference on Women vigorously promoted universal
respect for internationally recognized human rights,
including the rights of women; and
(vi) that, if the goals of clauses (i), (ii), and
(iii) were not fully accomplished, the United States
issued a formal, public protest to the United Nations
for such a departure from accepted international
standards.
SEC. 302. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'', $12,500,000 for
the fiscal year 1996, $12,300,000 for the fiscal year
1997, $12,100,000 for the fiscal year 1998, and
$12,000,000 for the fiscal year 1999; and
(B) for ``Construction'', $10,000,000 for the
fiscal year 1996, $10,000,000 for the fiscal year 1997,
$6,000,000 for the fiscal year 1998, and $6,000,000 for
the fiscal year 1999.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $740,000 for the fiscal year 1996, $720,000 for
the fiscal year 1997, $700,000 for the fiscal year 1998, and
$700,000 for the fiscal year 1999.
(3) International joint commission.--For ``International
Joint Commission'', $3,500,000 for the fiscal year 1996,
$3,500,000 for the fiscal year 1997, $3,500,000 for the fiscal
year 1998, and $3,500,000 for the fiscal year 1999.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,669,000 for the
fiscal year 1996, $14,400,000 for the fiscal year 1997,
$14,200,000 for the fiscal year 1998, and $14,000,000 for the
fiscal year 1999.
SEC. 303. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
The Act of May 13, 1924 (49 Stat. 660; 22 U.S.C. 277-277f), is
amended in section 3 (22 U.S.C. 277b) by adding the following new
subsection at the end:
``(d) Pursuant to the authority of subsection (a) and in order to
facilitate further compliance with the terms of the Convention for
Equitable Distribution of the Waters of the Rio Grande, May 21, 1906,
United States-Mexico, the Secretary of State, acting through the United
States Commissioner of the International Boundary and Water Commission,
may make improvements to the Rio Grande Canalization Project,
originally authorized by the Act of August 29, 1935 (49 Stat. 961).
Such improvements may include all such works as may be needed to
stabilize the Rio Grande in the reach between the Percha Diversion Dam
in New Mexico and the American Diversion Dam in El Paso.''.
SEC. 304. INTER-AMERICAN ORGANIZATIONS.
Taking into consideration the long-term commitment by the United
States to the affairs of this Hemisphere and the need to build further
upon the linkages between the United States and its neighbors, it is
the sense of the Congress that the Secretary of State, in allocating
the level of resources for international organizations, should pay
particular attention to funding levels of the Inter-American
organizations.
CHAPTER 2--GENERAL PROVISIONS
SEC. 311. INTERNATIONAL CRIMINAL COURT PARTICIPATION.
The United States may not participate in an international criminal
court with jurisdiction over crimes of an international character
except--
(1) pursuant to a treaty made in accordance with Article
II, section 2, clause 2 of the Constitution; or
(2) as specifically authorized by enactment of legislation
passed by Congress.
SEC. 312. PROHIBITION ON ASSISTANCE TO INTERNATIONAL ORGANIZATIONS
ESPOUSING WORLD GOVERNMENT.
None of the funds made available by this Act shall be used--
(1) to pay the United States contribution to any
international organization which engages in the direct or
indirect promotion of the principle or doctrine of one world
government or one world citizenship; or
(2) for the promotion, direct or indirect, of the principle
or doctrine of one world government or one world citizenship.
SEC. 313. TERMINATION OF UNITED STATES PARTICIPATION IN CERTAIN
INTERNATIONAL ORGANIZATIONS.
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated by this or any other Act may be used for
payment of United States membership in any of the following
organizations:
(1) The United Nations Industrial Development Organization
(UNIDO).
(2) The Inter-American Indian Institute.
(3) The Pan American Railway Congress Association.
(4) The Interparliamentary Union.
SEC. 314. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.
(a) Findings.--The Congress makes the following findings:
(1) On April 2, 1992, the Senate approved a resolution
advising and consenting to ratification of the International
Covenant on Civil and Political Rights, subject to
reservations, understandings, declarations, and a proviso
intended, inter alia, to protect the First Amendment rights of
American citizens and other United States constitutional rights
and practices.
(2) In accordance with the action of the Senate, the
President deposited the United States instrument of
ratification of the International Covenant on Civil and
Political Rights on June 8, 1992, and the Covenant entered into
force for the United States on September 8, 1992.
(3) On November 2, 1994, the Human Rights Committee,
established under the Covenant to interpret the Covenant and to
receive complaints of noncompliance, adopted General Comment
No. 24 regarding reservations to the Covenant.
(4) In General Comment No. 24, the Human Rights Committee
claimed for itself the power to judge the validity under
international law of reservations to the Covenant, and in the
purported exercise of this power asserted that reservations of
the type included in the Senate resolution of ratification are
invalid, and further asserted that invalid reservations will be
read out of instruments of ratification, ``in the sense that
the Covenant will be operative for the reserving party without
benefit of the reservation''.
(5) The purpose and effect of General Comment No. 24 is to
seek to nullify as a matter of international law the
reservations, understandings, declarations, and proviso
contained in the Senate resolution of ratification, thereby
purporting to impose legal obligations on the United States
never accepted by the United States.
(6) General Comment No. 24 threatens not only the Supremacy
Clause of the United States Constitution and the constitutional
authority of the Senate with respect to the approval of
treaties, but also the First Amendment rights of American
citizens and the other United States constitutional rights and
practices protected by the reservations, understandings,
declarations, and proviso contained in the Senate resolution of
ratification.
(b) Sense of the Senate.--It is the sense of the Senate that the
Human Rights Committee established under the International Covenant on
Civil and Political Rights should revoke its General Comment No. 24
adopted on November 2, 1994.
SEC. 315. UNITED STATES PARTICIPATION IN SINGLE COMMODITY INTERNATIONAL
ORGANIZATIONS.
(a) Report on Participation in Single-Commodity Organizations.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of State shall transmit to the committees referred to in
subsection (b) a report that--
(1) identifies the national interests, if any, that are
served by continuing United States participation in single-
commodity international organizations;
(2) assesses the feasibility and desirability of the
privatization of United States representation in such
organizations; and
(3) sets forth options for achieving the privatization of
the organizations if the Secretary determines that the
privatization is feasible and desirable.
(b) Definition.--The committees referred to in subsection (a) are
the Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
SEC. 316. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL NATURAL
RUBBER ORGANIZATION.
None of the funds authorized to be appropriated by this or any
other Act may be used to fund any United States contribution to the
International Natural Rubber Organization.
SEC. 317. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL TROPICAL
TIMBER ORGANIZATION.
None of the funds authorized to be appropriated by this or any
other Act may be used to fund any United States contribution to the
International Tropical Timber Organization.
SEC. 318. GENERAL ACCOUNTING OFFICE STUDY ON THE COST-EFFECTIVENESS AND
EFFICIENCY OF INTERNATIONAL ORGANIZATIONS TO WHICH THE
UNITED STATES MAKES CONTRIBUTIONS.
(a) Cost-Effectiveness Study of International Organizations To
Which the United States Makes Contributions.--The Comptroller General
of the United States shall conduct a study on the cost-effectiveness
and efficiency of the 51 organizations to which the United States makes
contributions through the Department of State. Such study shall
include, but not be limited to--
(1) an evaluation of whether such organizations undertake
unique activities that are central to the conduct of American
foreign policy and which are incapable of being performed
directly by an agency of the United States Government; and
(2) an evaluation of each organization's operational
effectiveness, and the potential consequences of terminated
United States funding.
(b) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit a report of the findings of such study to the
Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
SEC. 319. SENSE OF CONGRESS ON UNITED NATIONS FOURTH WORLD CONFERENCE
ON WOMEN IN BEIJING, CHINA.
It is the sense of the Congress that--
(1) the United Nations Fourth World Conference on Women in
Beijing, China, should promote a representative American
perspective on issues of equality, peace, and development; and
(2) in the event the United States sends a delegation to
the Conference, the United States delegation should use the
voice and vote of the United States--
(A) to ensure that the biological and social
activity of motherhood is recognized as a valuable and
worthwhile endeavor that should in no way, in its form
or actions, be demeaned by society or by the state;
(B) to ensure that the traditional family is upheld
as the fundamental unit of society upon which healthy
cultures are built and, therefore, receives esteem and
protection by society and the state; and
(C) to define or agree with any definitions that
define gender as the biological classification of male
and female, which are the two sexes of the human being.
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. 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
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'',
$429,000,000 for the fiscal year 1996, $387,000,000 for the
fiscal year 1997. No funds are authorized to be appropriated
for fiscal years 1998 and 1999.
(2) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $109,500,000
for the fiscal year 1996, $101,000,000 for the fiscal
year 1997, $93,000,000 for the fiscal year 1998, and
$93,000,000 for the fiscal year 1999.
(B) Other programs.--For other educational and
cultural exchange programs authorized by law,
$118,322,000 for the fiscal year 1996, $107,300,000 for
the fiscal year 1997, $101,280,000 for the fiscal year
1998, and $101,280,000 for the fiscal year 1999.
(3) International broadcasting activities.--For
``International Broadcasting Activities'' under title III,
$310,000,000 for the fiscal year 1996, $300,000,000 for the
fiscal year 1997, $290,000,000 for the fiscal year 1998, and
$290,000,000 for the fiscal year 1999.
(4) Radio free europe/radio liberty.--For the activities of
RFE/RL, Incorporated, there are authorized to be appropriated
$75,000,000 for each of the fiscal years 1996, 1997, 1998, and
1999.
(5) Radio construction.--For ``Radio Construction'',
$83,000,000 for the fiscal year 1996, $79,500,000 for the
fiscal year 1997, $69,000,000 for the fiscal year 1998, and
$65,000,000 for the fiscal year 1999.
(6) Technology investment fund.--For the ``Technology
Investment Fund'', $10,100,000 for the fiscal year 1996,
$9,500,000 for the fiscal year 1997.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $4,100,000 for the fiscal year 1996,
$3,900,000 for the fiscal year 1997.
(8) Center for cultural and technical interchange between
east and west.--For ``Center for Cultural and Technical
Interchange between East and West'', $20,000,000 for the fiscal
year 1996, $8,000,000 for the fiscal year 1997, $5,000,000 for
the fiscal year 1998, and $5,000,000 for the fiscal year 1999.
SEC. 402. NATIONAL ENDOWMENT FOR DEMOCRACY.
There are authorized to be appropriated to the Director of the
United States Information Agency $32,000,000 for the fiscal year 1996
and $29,000,000 for the fiscal year 1997, $25,000,000 for the fiscal
year 1998, and $21,000,000 for the fiscal year 1999 to carry out the
National Endowment for Democracy Act (title V of Public Law 98-164), of
which amount in each fiscal year not more than 55 percent shall be
available only for the following organizations, in equal allotments:
(1) The International Republican Institute (IRI).
(2) The National Democratic Institute (NDI).
(3) The Free Trade Union Institute (FTUI).
(4) The Center for International Private Enterprise (CIPE).
CHAPTER 2--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
SEC. 411. PARTICIPATION IN INTERNATIONAL FAIRS AND EXPOSITIONS.
None of the funds made available by this Act may be used by any
department, agency, or other entity of the United States to participate
in an international fair, pavilion, or other major exhibit at any
international exposition or world's fair in excess of amounts expressly
authorized to be appropriated for such purpose.
SEC. 412. EXTENSION OF AU PAIR PROGRAMS.
(a) Repeal.--Section 8 of the Eisenhower Exchange Fellowship Act of
1990 (Public Law 101-454) is repealed.
(b) Authority for Au Pair Programs.--The Director of the United
States Information Agency is authorized to continue to administer an au
pair program, operating on a world-wide basis, through fiscal year
1999.
(c) Report.--Not later than October 1, 1998, the Director of the
United States Information Agency shall submit a report regarding the
continued extension of au pair programs to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives. This report shall specifically detail the
compliance of all au pair organizations with regulations governing au
pair programs as published on February 15, 1995.
SEC. 413. PILOT PROGRAM ON ADVERTISING ON USIA TELEVISION AND RADIO
BROADCASTS.
(a) In General.--(1) The Director of the United States Information
Agency shall carry out a pilot program to determine the feasibility and
advisability of permitting advertisements on the television broadcasts
and radio broadcasts of the agency, including broadcasts of the Voice
of America, Radio Marti/TV Marti, Worldnet, Radio Free Europe/Radio
Liberty, and Radio Free Asia.
(2) The Director shall commence carrying out the pilot program not
later than 90 days after the date of the transmittal to Congress of the
plan required under subsection (b).
(3) The Director shall carry out the pilot program for 6 months.
(b) Program Plan.--(1) Not later than 120 days after the date of
the enactment of this Act, the Director shall prepare and transmit to
Congress a plan for carrying out the pilot program required under
subsection (a).
(2) In preparing the plan, the Director shall solicit and take into
account the comments of other broadcasting entities funded by the
United States Government on the experiences of and advantages and
disadvantages to public television and radio broadcast stations of
permitting advertisements on the broadcasts of such stations.
(c) Treatment of Revenues.--Notwithstanding any other provision of
law, the Director may use any revenues received by the agency under the
pilot program to pay for the cost of the radio and television
broadcasting activities of the agency. Such funds shall be available
for that purpose without fiscal year limitation.
(d) Program Report.--Not later than 60 days after the date of the
completion of the pilot program, the Director shall transmit to
Congress a report on the pilot program. The report shall include the
following:
(1) A description of the pilot program, including the
number and type of advertisements aired under the pilot program
and the revenues received as a result of the advertisements.
(2) An estimate of the number and type of advertisements
that would be carried on the television broadcasts and radio
broadcasts of the agency on an annual basis after the
completion of the pilot program if the agency were authorized
to continue to carry such advertisements, and the revenues that
the agency would receive as a result of carrying such
advertisements.
(3) An assessment of the feasibility and advisability of
permitting advertisements on the television broadcasts and
radio broadcasts of the agency, including a discussion of the
advisability of permitting such advertisements by--
(A) United States entities;
(B) foreign governments;
(C) foreign individuals or entities; and
(D) a combination of such entities, governments,
and individuals.
(e) Regulations.--The Director may prescribe regulations to carry
out the pilot program.
SEC. 414. AVAILABILITY OF VOICE OF AMERICA AND RADIO MARTI MULTILINGUAL
COMPUTER READABLE TEXT AND VOICE RECORDINGS.
(a) Authority.--Notwithstanding section 208 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C.
1461-1a) and the second sentence of section 501 of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the
Director of the United States Information Agency is authorized to make
available, upon request, to the Linguistic Data Consortium of the
University of Pennsylvania computer readable multilingual text and
recorded speech in various languages.
(b) Reimbursement.--The Linguistic Data Consortium shall, directly
or indirectly as appropriate, reimburse the United States Information
Agency for any expenses involved in making such materials available.
(c) Termination Date.--The authority of this section shall
terminate 5 years after the date of enactment of this Act.
SEC. 415. PLAN FOR RADIO FREE ASIA.
(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of the United States Information
Agency shall submit to the Congress a detailed plan for the
establishment and operation of Radio Free Asia.
(b) Contents of Plan.--The plan required by subsection (a) shall
meet the requirements of subparagraphs (A) through (C) of section
309(c)(1) of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (22 U.S.C. 6208(c)(1)), except that the plan shall describe
the manner in which Radio Free Asia would meet the funding limitations
provided in this Act.
(c) Statutory Construction.--Nothing in this section may be
construed to make inapplicable any of the requirements contained in
section 309 of such Act.
SEC. 416. EXPANSION OF MUSKIE FELLOWSHIP PROGRAM.
Section 227 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (a), by striking ``Soviet Union,
Lithuania, Latvia, and Estonia'' and inserting ``former Soviet
Union, Lithuania, Latvia, Estonia, Albania, Bulgaria, Croatia,
Czech Republic, Hungary, Poland, Romania, Slovenia, and the
Former Yugoslav Republic of Macedonia'';
(2) in subsection (c)(5), by striking out after
``potential'' all that follows and inserting in lieu thereof
the following: ``in the fields of business administration,
economics, journalism, law, library and information science,
public administration, and public policy.'';
(3) in subsection (b) of the section, by striking out
``Soviet Union, Lithuania, Latvia, and Estonia'' and inserting
in lieu thereof ``countries specified in subsection (a)'';
(4) in subsection (c)(11), by striking ``Soviet republics,
Lithuania, Latvia, and Estonia'' and inserting ``countries
specified in subsection (a)''; and
(5) in the section heading, by striking ``the soviet union,
lithuania, latvia, and estonia'' and inserting ``certain
eurasian countries''.
SEC. 417. CHANGES IN ADMINISTRATIVE AUTHORITIES.
(a) Contract Authority for Voice of America Radio Facility.--
Section 235 of the Foreign Relations Authorization Act, Fiscal Years
1990 and 1991 (Public Law 101-246) is amended by inserting ``Tinian,''
after ``Sao Tome,''.
(b) Availability of Appropriations.--Section 701(f)(4) of the
United States Information and Educational Exchange Act of 1948 (22
U.S.C. 1476(f)) is amended by striking ``September 30, 1995'' and
inserting ``March 1, 1997''.
(c) Technical Correction.--Section 314(2)(B) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6213(2)(B)) is amended by striking ``section 307(e)'' and inserting
``section 308(d)''.
(d) Radio Broadcasting to Cuba.--Section 4 of the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465b) is amended by striking
``Director of the Voice of America'' and inserting ``Director of the
International Broadcasting Bureau''.
(e) Television Broadcasting to Cuba.--Section 244(a) of the
Television Broadcasting to Cuba Act (22 U.S.C. 1465cc(a)) is amended by
striking in the third sentence thereof ``Voice of America'' and
inserting ``International Broadcasting Bureau''.
(f) International Broadcasting Bureau.--Section 307 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236) is amended by adding at the end the following new subsection:
``(g) Consolidation of Engineering Function.--For the purpose of
achieving economies and eliminating duplication, the Director of the
United States Information Agency is authorized to appoint, during 1995,
up to 15 otherwise qualified United States citizens employed in the
Office of the Vice President for Engineering and Technical Operations
of RFE/RL, Incorporated, to the competitive service or the career
Foreign Service of the United States Information Agency in accordance
with the provisions of title 5 of the United States Code, and without
regard to sections 301(b) and 306 of the Foreign Service Act of 1980,
governing appointments in the Foreign Service. Prior service with RFE/
RL, Incorporated, by an individual appointed under this subsection
shall be credited in determining the length of service of the
individual for reduction in force purposes and toward establishing the
career tenure of the individual.''.
(h) Use of Fees From Educational Advising.--Section 810 of the
United States Information and Educational Exchange Act of 1948 (22
U.S.C. 1475e) is amended by inserting ``educational advising,'' after
``library services,''.
SEC. 418. GENERAL ACCOUNTING OFFICE STUDY OF DUPLICATION AMONG CERTAIN
INTERNATIONAL AFFAIRS GRANTEES.
(a) Study of Certain Grantees for Duplication of Functions.--The
Comptroller General of the United States shall conduct a study on the
purposes and activities of the North/South Center, East-West Center,
Asia Foundation, and the National Endowment for Democracy and on the
extent to which the activities of these organizations duplicate
activities that are conducted elsewhere in the United States
Government. Such study shall include, but not be limited to, an
evaluation of whether such organizations undertake unique activities
that are central to the conduct of American foreign policy and that are
incapable of being performed directly by an agency of the United States
Government.
(b) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit a report of the findings of such study to the
Committee on Foreign Relations of the Senate and Committee on
International Relations of the House of Representatives.
SEC. 419. GENERAL ACCOUNTING OFFICE STUDY OF ACTIVITIES OF THE NORTH/
SOUTH CENTER IN SUPPORT OF THE NORTH AMERICAN FREE TRADE
AGREEMENT.
(a) Study of Certain Activities of the North/South Center During
Consideration of the North African Free Trade Agreement.--The
Comptroller General of the United States shall conduct a study on the
activities of the North/South Center located in Miami, Florida that had
the affect of encouraging Congress to approve implementing legislation
for the North American Free Trade Agreement. This study shall include,
but shall not be limited to, consideration of whether any United States
Government funds were used for books (including Assessments of the
North American Free Trade Agreement published in 1993), publications,
or other activities which had the affect of advocating congressional
approval of the North American Free Trade Agreement, and whether such
materials or activities violated any laws, regulations, or guidelines
on the use of Federal funds for lobbying activities.
(b) Report to Congress.--Not later than six months after the date
of enactment of this Act, the Comptroller General of the United States
shall prepare and submit a report of the findings of such study to the
Committee on Foreign Relations of the Senate and Committee on
International Relations of the House of Representatives.
SEC. 420. MANSFIELD FELLOWSHIP PROGRAM REQUIREMENTS.
Section 253(4)(B) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6102(4)(B)) is amended by
striking ``certain'' and inserting the following: ``, under criteria
established by the Mansfield Center for Pacific Affairs, certain
allowances and benefits not to exceed the amount of equivalent''.
SEC. 421. DISTRIBUTION WITHIN THE UNITED STATES OF THE UNITED STATES
INFORMATION AGENCY FILM ENTITLED ``THE FRAGILE RING OF
LIFE''.
Notwithstanding section 208 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1(a)) and the second
sentence of section 501 of the United States Information and Education
Act of 1948 (22 U.S.C. 1461), the Director of the United States
Information Agency may make available for distribution within the
United States the documentary entitled ``The Fragile Ring of Life'', a
film about coral reefs around the world.
TITLE V--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY AND THE
AGENCY FOR INTERNATIONAL DEVELOPMENT
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 1996.--There are authorized to be appropriated to
carry out the Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.)
$22,700,000 for the fiscal year 1996.
(b) Future Fiscal Years.--No funds may be obligated or expended by
the United States Arms Control and Disarmament Agency after March 1,
1997.
SEC. 502. STATUTORY CONSTRUCTION.
Section 33 of the Arms Control and Disarmament Act (22 U.S.C. 2573)
is amended by adding at the end the following new subsection:
``(c) Statutory Construction.--Nothing contained in this chapter
shall be construed to authorize any policy or action by any Government
agency which would interfere with, restrict, or prohibit the
acquisition, possession, or use of firearms by an individual for the
lawful purpose of personal defense, sport, recreation, education, or
training.''.
SEC. 503. OPERATING EXPENSES.
Section 667(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2427(a)(1)) is amended to read as follows:
``(1) $432,000,000 for fiscal year 1996 and $389,000,000
for 1997 for necessary operating expenses of the agency
primarily responsible for administering part I of this Act
(other than the office of the inspector general of such
agency); and''.
SEC. 504. OPERATING EXPENSES OF THE OFFICE OF THE INSPECTOR GENERAL.
Section 667(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2427(a)), as amended by section 503, is further amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by striking ``and'' at the end of paragraph (1) (as
amended by section 503); and
(3) by inserting after paragraph (1) the following:
``(2) $35,000,000 for fiscal year 1996 and $31,500,000 for
fiscal 1997 for necessary operating expenses of the office of
the inspector general of such agency; and''.
TITLE VI--FOREIGN POLICY
SEC. 601. REPEAL OF PROVISIONS RELATING TO INTERPARLIAMENTARY GROUPS.
The following provisions of law are hereby repealed:
(1) Section 109(b) of the Department of State Authorization
Act, fiscal years 1984 and 1985 (Public Law 98-164) (relating
to the British-American Parliamentary Group).
(2) Section 109(c) of the Department of State Authorization
Act, fiscal years 1984 and 1985 (Public Law 98-164) (relating
to the United States-European Community Interparliamentary
Group).
(3) Section 105 of the Legislative Branch Appropriation Act
of 1961 (22 U.S.C. 276c-1; relating to reporting requirements
for Interparliamentary Groups).
(4) The Act entitled ``An Act to authorize participation by
the United States in the Interparliamentary Union'', approved
June 28, 1935 (22 U.S.C. 276-276a-4).
(5) The proviso under ``Missions to International
Organizations'' in the Departments of State and Justice, the
Judiciary, and Related Agencies Appropriations Act of 1959,
approved June 30, 1958 (Public Law 85-474, as amended).
(6) Section 7(a) of the Anglo-Irish Agreement Support Act
of 1986 (Public Law 99-415).
(7) Section 168 (relating to the British-American
Interparliamentary Group) and section 169 (relating to the
Parliamentary Assembly of the Organization on Security and
Cooperation in Europe) of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 276l, 276m).
SEC. 602. REPEAL OF EXECUTIVE BRANCH MEMBERSHIP ON THE COMMISSION ON
SECURITY AND COOPERATION IN EUROPE.
Section 3 of the Act entitled ``An Act to establish a Commission on
Security and Cooperation in Europe'', approved June 3, 1976 (22 U.S.C.
3003 et seq.) is amended--
(1) by striking ``twenty-one members'' and inserting ``18
members''; and
(2) by striking paragraphs (3), (4), and (5).
SEC. 603. AUTHORIZED PAYMENTS.
(a) Payment of Letters of Credit.--(1) In addition to licenses
required to be issued under section 575.510 of title 31, Code of
Federal Regulations, the Secretary of the Treasury shall direct that
licenses be issued to permit payments, as certified under subsection
(b), from blocked Iraqi accounts involving an irrevocable letter of
credit issued or confirmed by a foreign bank for the benefit of a
United States person of amounts owed to such person with respect to
goods or services lawfully exported to Iraq before August 2, 1990,
whether or not such letter was confirmed by a United States bank.
(2) Licenses shall be issued under paragraph (1) not later than 120
days after the date on which the Foreign Claims Settlement Commission
certifies an award pursuant to subsection (b).
(3) Payments made in compliance with this subsection or any
regulation, order, instruction, or issued under this section, shall, to
the extent of such payment, fully acquit and discharge for all purposes
the obligation of the person making the payment. No person may be held
liable for or with respect to anything done or omitted in good faith
pursuant to and in reliance on this section or any such regulation,
order, instruction, or direction.
(b) Determination of Claims.--(1) The Foreign Claims Settlement
Commission of the United States is authorized to receive and determine
the validity of any claims of United States persons against the
Government of Iraq (including its agencies, instrumentalities, and
controlled entities).
(2) The Foreign Claims Settlement Commission shall certify awards
under this subsection to the Secretary of the Treasury not later than
270 days after the date of enactment of this Act.
(c) Vesting Authority.--The President is authorized to vest and
liquidate as much of the assets of the Government of Iraq in the United
States that have been blocked pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et. seq.) as may be necessary to
satisfy claims under subsections (a) and (b).
(d) Definitions.--For purposes of this section:
(1) blocked iraqi accounts.--The term ``blocked Iraqi
accounts'' means funds on deposit in United States financial
institutions in which the Government of Iraq has an interest
and which were blocked under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) on or after August
2, 1990.
(2) United states person.--The term ``United States
person'' means a person subject to the jurisdiction of the
United States, including--
(A) any person, wherever located, who is a citizen
or resident of the United States,
(B) any person actually within the United States,
(C) any corporation organized under the laws of the
United States or of any State, territory, possession,
or district of the United States, and
(D) any partnership, association, corporation, or
other organization wherever organized or doing business
which is owned or controlled by persons described in
subparagraph (A), (B), or (C),
and does not include the United States Government or any
officer or employee thereof acting in an official capacity.
SEC. 604. REPORTS REGARDING HONG KONG.
(a) Extension of Reporting Requirement.--Section 301 of the United
States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended in the
text above paragraph (1)--
(1) by inserting ``March 31, 1996,'' after ``March 31,
1995,''; and
(2) by striking ``and March 31, 2000,'' and inserting
``March 31, 2000, and every year thereafter,''.
(b) Additional Requirements.--In light of deficiencies in reports
submitted to the Congress pursuant to section 301 of the United States-
Hong Kong Policy Act (22 U.S.C. 5731), the Congress directs that
reports required to be submitted under that section on or after the
date of enactment of this Act include detailed information on the
status of, and other developments affecting, implementation of the
Sino-British Joint Declaration on the Question of Hong Kong,
including--
(1) the Basic Law and its consistency with the Joint
Declaration;
(2) the openness and fairness of elections to the
legislature;
(3) the openness and fairness of the election of the chief
executive and the executive's accountability to the
legislature;
(4) the treatment of political parties;
(5) the independence of the judiciary and its ability to
exercise the power of final judgment over Hong Kong law; and
(6) the Bill of Rights.
SEC. 605. APPLICABILITY OF TAIWAN RELATIONS ACT.
Section 3 of the Taiwan Relations Act (22 U.S.C. 3302) is amended
by adding at the end the following new subsection:
``(d) The provisions of subsections (a) and (b) supersede any
provision of the Joint Communique of the United States and China of
August 17, 1982.''.
SEC. 606. TAIPEI REPRESENTATIVE OFFICE.
For purposes of carrying out its activities in the United States,
the instrumentality known as the Taipei Economic and Cultural
Representative Office as of the date of enactment of this Act shall, on
and after such date, be known as the ``Taipei Representative Office''.
SEC. 607. REPORT ON OCCUPIED TIBET.
(a) Findings and Declarations of Congress.--The Congress makes the
following findings and declarations:
(1) Historically, Tibet has demonstrated those attributes
which under international law constitute statehood. It has had
a defined territory and a permanent population, been under the
control of its own government, and has engaged in, or had the
capacity to engage in, formal relations with other states.
(2) Between 1951 and 1959, Tibet was forcibly and
coercively incorporated into the People's Republic of China as
an ``autonomous region''.
(3) Because Tibet's incorporation into the People's
Republic of China was involuntary, under international law it
is an occupied sovereign country and its true representatives
continue to be the Dalai Lama and the Tibetan Government in
exile.
(4) Because the Tibetan people are historically,
territorially, and culturally distinct from the Han Chinese
population in the People's Republic of China, and because of
the involuntary loss of their sovereignty, they are entitled to
the right of self-determination.
(5) Credible evidence exists which demonstrates that the
Government of the People's Republic of China has consistently
denied the Tibetan people that right, and instead have
subjected them to a serious pattern of human rights abuses. For
example, in 1960 the International Commission of Jurists found
that the Chinese authorities in Tibet had violated sixteen
articles of the United Nations Human Rights Declaration.
(6) The United States should seek to establish a dialogue
with those recognized by Congress as the true representatives
of the Tibetan people, the Dalai Lama, his representatives, and
the Tibetan Government in exile, concerning the situation in
Tibet and the future of the Tibetan people and to expand and
strengthen United States-Tibet cultural and educational
relations, including promoting bilateral exchanges arranged
directly with the Tibetan Government in exile.
(b) Report on United States-Tibet Relations.-- Not later than 6
months after the date of enactment of this Act, and every 12 months
thereafter, the Secretary of State shall transmit to the Chairman of
the Committee on Foreign Relations and the Speaker of the House of
Representatives a report on the state of relations between the United
States and those recognized by Congress as the true representatives of
the Tibetan people, the Dalai Lama, his representatives, and the
Tibetan Government in exile, and on conditions in Tibet.
(c) Separate Tibet Reports.--
(1) It is the sense of the Congress that whenever an
executive branch report is transmitted to the Congress on a
country-by-country basis there should be included in such
report, where applicable, a separate report on Tibet listed
alphabetically with its own state heading.
(2) The reports referred to in paragraph (1) include, but
are not limited to, reports transmitted under sections 116(d)
and 502B(b) of the Foreign Assistance Act of 1961 (relating to
human rights).
SEC. 608. SPECIAL ENVOY FOR TIBET ACT OF 1995.
(a) Short Title.--This section may be cited as the ``Special Envoy
for Tibet Act of 1995''.
(b) Findings.--The Congress finds that--
(1) the Government of the People's Republic of China
withholds meaningful participation in the governance of Tibet
from Tibetans and has failed to abide by its own constitutional
guarantee of autonomy for Tibetans;
(2) the Government of the People's Republic of China is
responsible for the destruction of much of Tibet's cultural and
religious heritage since 1959 and continues to threaten the
survival of Tibetan culture and religion;
(3) the Government of the People's Republic of China,
through direct and indirect incentives--
(A) has established discriminatory development and
other programs which have resulted in an overwhelming
flow of Chinese immigrants into Tibet, including those
areas incorporated into the Chinese provinces of
Sichuan, Yunnan, Gansu, and Qinghai; and
(B) has excluded Tibetans from participation in
important policy decisions, further threatening
traditional Tibetan life;
(4) the Government of the People's Republic of China denies
Tibetans their fundamental human rights, as reported in the
Department of State's Country Reports on Human Rights Practices
for 1993;
(5) the President and the Congress have determined that the
promotion of human rights in Tibet and the protection of
Tibet's religion and culture are important elements in United
States-China relations and have urged senior members of the
Government of the People's Republic of China to enter into
substantive negotiations on these matters with the Dalai Lama
or his representative; and
(6) the Government of the People's Republic of China has
failed to respond in a good faith manner by reciprocating a
willingness to begin negotiations without preconditions, and no
substantive negotiations have begun.
(c) Position of United States Special Envoy for Tibet.--
(1) Establishment of position.--There shall be within the
Department of State a United States Special Envoy for Tibet,
who shall be appointed by the President, by and with the advice
and consent of the Senate. The United States Special Envoy for
Tibet shall hold office at the pleasure of the President.
(2) Rank of ambassador.--The United States Special Envoy
for Tibet shall have the personal rank of ambassador.
(d) Responsibilities.--
(1) Authorities.--The United States Special Envoy for Tibet
is authorized and encouraged--
(A) to promote substantive negotiations between the
Dalai Lama or his representatives and senior members of
the Government of the People's Republic of China;
(B) to promote good relations between the Dalai
Lama and his representatives and the United States
Government, including meeting with members or
representatives of the Tibetan Government in exile; and
(C) to travel regularly throughout Tibet and
Tibetan refugee settlements.
(2) Duties.--The United States Special Envoy for Tibet
shall--
(A) consult with the Congress on policies relevant
to Tibet and the future and welfare of all Tibetan
people;
(B) coordinate United States Government policies,
programs, and projects concerning Tibet; and
(C) report to the Secretary of State regarding the
matters described in section 536(a)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236).
SEC. 609. PROHIBITION ON USE OF FUNDS TO FACILITATE IRAQI REFUGEE
ADMISSIONS INTO THE UNITED STATES.
None of the funds authorized to be appropriated by this or any
other Act may be used for resettlement in the United States, or to
provide education, medical examinations, training, screening, or
otherwise facilitate the admission into the United States of Iraqi
nationals seeking refugee status in the United States who are in Saudi
Arabia or Turkey as of the date of enactment of this Act.
SEC. 610. SPECIAL ENVOY FOR NAGORNO-KARABAKH.
It is the sense of Congress that the President should immediately
appoint a special envoy having the rank of Ambassador to offer
assistance in facilitating a negotiated settlement to the conflict in
Nagorno-Karabakh and to press for the development of an oil pipeline
through Azerbaijan, Armenia, and Turkey.
SEC. 611. REPORT TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.
Beginning 3 months after the date of the enactment of this Act, and
every 6 months thereafter, the President shall transmit a report to the
appropriate congressional committees concerning the methods employed by
the Government of Cuba to enforce the United States-Cuba agreement of
September 1994 to restrict the emigration of the Cuban people from Cuba
to the United States, and the treatment by the Government of Cuba of
persons who have been returned to Cuba pursuant to the United States-
Cuba agreement of May 1995. Each report transmitted pursuant to this
section shall include a detailed account of United States efforts to
monitor such enforcement and treatment.
SEC. 612. EFFORTS AGAINST EMERGING INFECTIOUS DISEASES.
(a) Prioritization.--The President shall give urgent priority to
the strengthening of efforts against emerging infectious diseases
through the development of appropriate United States Government
strategies and response mechanisms.
(b) Strategic Plan.--Not later than February 1, 1996, the President
shall submit to the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate a report outlining a
United States strategic plan, in cooperation with the international
public health infrastructure, to identify and respond to the threat of
emerging infectious diseases to the health of the people of the United
States.
SEC. 613. REPORT ON FIRMS ENGAGED IN EXPORT OF DUAL-USE ITEMS.
The Under Secretary of State for International Security shall
submit a report to Congress no later than 180 days after the date of
enactment of this Act, and every 180 days thereafter until 1998,
detailing an organizational plan to include those firms on the
Department of State licensing watch-lists that engage in the
exportation of potentially sensitive or dual-use technologies and have
been identified or tracked by similar systems maintained by the
Department of Defense, Department of Commerce, or the United States
Customs Service. The report shall also detail further measures to be
taken to strengthen United States export-control mechanisms.
SEC. 614. PROHIBITION ON THE TRANSFER OF ARMS TO INDONESIA.
Consistent with section 582 of Public Law 103-306, the United
States is prohibited from selling or licensing for export to the
Government of Indonesia light arms, small weapons, and crowd control
ordnances, including helicopter-mounted equipment, until the Secretary
of State determines and reports to the Committee on Foreign Relations
of the Senate and the Committee on International Relations of the House
of Representatives that there has been significant progress made on
human rights in East Timor and elsewhere in Indonesia, including--
(1) compliance with the recommendations in the United
Nations Special Rapporteur's January 1992 report and the March
1993 recommendations of the United Nations Human Rights
Commission;
(2) significant reduction in Indonesia's troop presence in
East Timor;
(3) thorough and impartial investigation of gangs and
violent civilian groups operating in East Timor;
(4) improved access to East Timor for Indonesian and
international human rights and humanitarian organizations and
journalists, including the deployment of United Nations human
rights monitors if so requested;
(5) constructive participation in the United Nations
Secretary General's efforts to resolve the status of East
Timor; and
(6) greater local control over political, economic, and
cultural affairs, with an aim toward resolving the future
status of East Timor.
SEC. 615. MIDDLE EAST PEACE FACILITATION ACT OF 1995.
(a) Short Title.--This section may be cited as the ``Middle East
Peace Facilitation Act of 1995''.
(b) Findings.--The Congress finds that--
(1) the Palestine Liberation Organization (in this section
referred to as the ``PLO'') has recognized the State of
Israel's right to exist in peace and security; accepted United
Nations Security Council Resolutions 242 and 338; committed
itself to the peace process and peaceful coexistence with
Israel, free from violence and all other acts which endanger
peace and stability; and assumed responsibility over all PLO
elements and personnel in order to assure their compliance,
prevent violations, and discipline violators;
(2) Israel has recognized the PLO as the representative of
the Palestinian people;
(3) Israel and the PLO signed a Declaration of Principles
on Interim Self-Government Arrangements (in this section
referred to as the ``Declaration of Principles'') on September
13, 1993, at the White House;
(4) Israel and the PLO signed an Agreement on the Gaza
Strip and the Jericho Area (in this section referred to as the
``Gaza-Jericho Agreement'') on May 4, 1994, which established a
Palestinian Authority for the Gaza and Jericho areas;
(5) Israel and the PLO signed an Agreement on Preparatory
Transfer of Powers and Responsibilities (in this section
referred to as the ``Early Empowerment Agreement'') on August
29, 1994, which provided for the transfer to the Palestinian
Authority of certain powers and responsibilities in the West
Bank outside of the Jericho Area;
(6) under the terms of the Declaration of Principles, the
Gaza-Jericho Agreement and the Early Empowerment Agreement, the
powers and responsibilities of the Palestinian Authority are to
be assumed by an elected Palestinian Council with jurisdiction
in the West Bank and Gaza Strip in accordance with the Interim
Agreement to be concluded between Israel and the PLO;
(7) permanent status negotiations relating to the West Bank
and Gaza Strip are scheduled to begin by May 1996;
(8) the Congress has, since the conclusion of the
Declaration of Principles and the PLO's renunciation of
terrorism, provided authorities to the President to suspend
certain statutory restrictions relating to the PLO, subject to
Presidential certifications that the PLO has continued to abide
by commitments made in and in connection with or resulting from
the good faith implementation of, the Declaration of
Principles;
(9) the PLO commitments relevant to Presidential
certifications have included commitments to renounce and
condemn terrorism, to submit to the Palestinian National
Council for formal approval the necessary changes to those
articles of the Palestinian Covenant which call for Israel's
destruction, and to prevent acts of terrorism and hostilities
against Israel; and
(10) the President, in exercising the authorities described
in paragraph (8), has certified to the Congress on four
occasions that the PLO was abiding by its relevant commitments.
(c) Sense of Congress.--It is the sense of the Congress that
although the PLO has recently shown improvement in its efforts to
fulfill its commitments, the PLO must do far more to demonstrate an
irrevocable denunciation of terrorism and ensure a peaceful settlement
of the Middle East dispute, and in particular the PLO must--
(1) submit to the Palestine National Council for formal
approval the necessary changes to those articles of the
Palestinian National Covenant which call for Israel's
destruction;
(2) make greater efforts to preempt acts of terror, to
discipline violators, and to contribute to stemming the
violence that has resulted in the deaths of 123 Israeli
citizens since the signing of the Declaration of Principles;
(3) prohibit participation in its activities and in the
Palestinian Authority and its successors by any groups or
individuals which continue to promote and commit acts of
terrorism;
(4) cease all anti-Israel rhetoric, which potentially
undermines the peace process;
(5) confiscate all unlicensed weapons and restrict the
issuance of licenses to those with legitimate need;
(6) transfer any person, and cooperate in transfer
proceedings relating to any person, accused by Israel of acts
of terrorism; and
(7) respect civil liberties, human rights and democratic
norms.
(d) Authority To Suspend Certain Provisions.--
(1) In general.--Subject to paragraph (2), beginning on the
date of enactment of this Act and for 18 months thereafter the
President may suspend for a period of not more than 6 months at
a time any provision of law specified in paragraph (4). Any
such suspension shall cease to be effective after 6 months, or
at such earlier date as the President may specify.
(2) Conditions.--
(A) Consultations.--Prior to each exercise of the
authority provided in paragraph (1) or certification
pursuant to paragraph (3), the President shall consult
with the relevant congressional committees. The
President may not exercise that authority to make such
certification until 30 days after a written policy
justification is submitted to the relevant
congressional committees.
(B) Presidential certification.--The President may
exercise the authority provided in paragraph (1) only
if the President certifies to the relevant
congressional committees each time he exercises such
authority that--
(i) it is in the national interest of the
United States to exercise such authority;
(ii) the PLO continues to comply with all
the commitments described in subparagraph (D);
and
(iii) funds provided pursuant to the
exercise of this authority and the authorities
under section 583(a) of Public Law 103-236 and
section 3(a) of Public Law 103-125 have been
used for the purposes for which they were
intended.
(C) Requirement for continuing plo compliance.--
(i) The President shall ensure that PLO
performance is continuously monitored, and if
the President at any time determines that the
PLO has not continued to comply with all the
commitments described in subparagraph (D), he
shall so notify the appropriate congressional
committees. Any suspension under paragraph (1)
of a provision of law specified in paragraph
(4) shall cease to be effective.
(ii) Beginning six months after the date of
enactment of this Act, if the President on the
basis of the continuous monitoring of the PLO's
performance determines that the PLO is not
complying with the requirements described in
paragraph (3), he shall so notify the
appropriate congressional committees and no
assistance shall be provided pursuant to the
exercise by the President of the authority
provided by paragraph (1) until such time as
the President makes the certification provided
for in paragraph (3).
(D) PLO commitments described.--The commitments
referred to in subparagraphs (B) and (C)(i) are the
commitments made by the PLO--
(i) in its letter of September 9, 1993, to
the Prime Minister of Israel and in its letter
of September 9, 1993, to the Foreign Minister
of Norway to--
(I) recognize the right of the
State of Israel to exist in peace and
security;
(II) accept United Nations Security
Council Resolutions 242 and 338;
(III) renounce the use of terrorism
and other acts of violence;
(IV) assume responsibility over all
PLO elements and personnel in order to
assure their compliance, prevent
violations, and discipline violators;
(V) call upon the Palestinian
people in the West Bank and Gaza Strip
to take part in the steps leading to
the normalization of life, rejecting
violence and terrorism, and
contributing to peace and stability;
and
(VI) submit to the Palestine
National Council for formal approval
the necessary changes to the
Palestinian National Covenant
eliminating calls for Israel's
destruction; and
(ii) in, and resulting from, the good faith
implementation of the Declaration of
Principles, including good faith implementation
of subsequent agreements with Israel, with
particular attention to the objective of
preventing terrorism, as reflected in the
provisions of the Gaza-Jericho Agreement
concerning--
(I) prevention of acts of terrorism
and legal measures against terrorists;
(II) abstention from and prevention
of incitement, including hostile
propaganda;
(III) operation of armed forces
other than the Palestinian Police;
(IV) possession, manufacture, sale,
acquisition, or importation of weapons;
(V) employment of police who have
been convicted of serious crimes or
have been found to be actively involved
in terrorist activities subsequent to
their employment;
(VI) transfers to Israel of
individuals suspected of, charged with,
or convicted of an offense that falls
within Israeli criminal jurisdiction;
(VII) cooperation with the
Government of Israel in criminal
matters, including cooperation in the
conduct of investigations; and
(VIII) exercise of powers and
responsibilities under the agreement
with due regard to internationally
accepted norms and principles of human
rights and the rule of law.
(E) Policy justification.--As part of the
President's written policy justification to be
submitted to the relevant congressional committees
pursuant to subparagraph (A), the President shall
report on--
(i) the manner in which the PLO has
complied with the commitments specified in
subparagraph (D), including responses to
individual acts of terrorism and violence,
actions to discipline perpetrators of terror
and violence, and actions to preempt acts of
terror and violence;
(ii) the extent to which the PLO has
fulfilled the requirements specified in
paragraph (3);
(iii) actions that the PLO has taken with
regard to the Arab League boycott of Israel;
(iv) the status and activities of the PLO
office in the United States; and
(v) the status of United States and
international assistance efforts in the areas
subject to jurisdiction of the Palestinian
Authority or its successors.
(3) Requirement for continued provision of assistance.--Six
months after the date of enactment of this Act, no assistance
shall be provided pursuant to the exercise by the President of
the authority provided by paragraph (1), unless and until the
President determines and so certifies to the Congress that--
(A) if the Palestinian Council has been elected and
assumed its responsibilities, the Council has, within a
reasonable time, effectively disavowed the articles of
the Palestine National Covenant which call for Israel's
destruction, unless the necessary changes to the
Covenant have already been submitted to the Palestine
National Council for formal approval;
(B) the PLO has exercised its authority resolutely
to establish the necessary enforcement institution,
including laws, police, and a judicial system, for
apprehending, prosecuting, convicting, and imprisoning
terrorists;
(C) the PLO has limited participation in the
Palestinian Authority and its successors to individuals
and groups in accordance with the terms that may be
agreed with Israel;
(D) the PLO has not provided any financial or
material assistance or training to any group, whether
or not affiliated with the PLO to carry out actions
inconsistent with the Declaration of Principles,
particularly acts of terrorism against Israel;
(E) the PLO has cooperated in good faith with
Israeli authorities in the preemption of acts of
terrorism and in the apprehension and trial of
perpetrators of terrorist acts in Israel, territories
controlled by Israel, and all areas subject to
jurisdiction of the Palestinian Authority and its
successors; and
(F) the PLO has exercised its authority resolutely
to enact and implement laws requiring the disarming of
civilians not specifically licensed to possess or carry
weapons.
(4) Provisions that may be suspended.--The provisions that
may be suspended under the authority of paragraph (1) are the
following:
(A) Section 307 of the Foreign Assistance Act of
1961 (22 U.S.C. 2227) as it applies with respect to the
PLO or entities associated with it.
(B) Section 114 of the Department of State
Authorization Act, Fiscal Years 1984 and 1985 (22
U.S.C. 287e note) as it applies with respect to the PLO
or entities associated with it.
(C) Section 1003 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 5202).
(D) Section 37 of the Bretton Woods Agreement Act
(22 U.S.C. 286W) as it applies to the granting to the
PLO of observer status or other official status at any
meeting sponsored by or associated with International
Monetary Fund. As used in this subparagraph, the term
``other official status'' does not include membership
in the International Monetary Fund.
(5) Relevant congressional committees defined.--As used in
this subsection, the term ``relevant congressional committees''
means--
(A) the Committee on International Relations, the
Committee on Banking, Finance and Urban Affairs, and
the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
DIVISION B--CONSOLIDATION AND REINVENTION OF FOREIGN AFFAIRS AGENCIES
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Foreign Affairs Reinvention Act
of 1995''.
SEC. 1002. PURPOSES.
The purposes of this division are--
(1) to reorganize and reinvent the foreign affairs agencies
of the United States in order to enhance the formulation,
coordination, and implementation of United States foreign
policy;
(2) to streamline and consolidate the functions and
personnel of the Department of State, the Agency for
International Development, the United States Information
Agency, and the United States Arms Control and Disarmament
Agency in order to eliminate redundancies in the functions and
personnel of such agencies;
(3) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(4) to ensure that the United States maintain adequate
representation abroad within budgetary restraints;
(5) to ensure that programs critical to the promotion of
United States national interests be maintained;
(6) to strengthen the authority of United States
ambassadors over all United States Government personnel and
resources located in United States diplomatic missions in order
to enhance the ability of the ambassadors to deploy such
personnel and resources to the best effect to attain the
President's foreign policy objectives;
(7) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most
competent United States citizens serving in the United States
Government while downsizing significantly the total number of
people employed by such agencies; and
(8) to ensure that all functions of United States diplomacy
be subject to recruitment, training, assignment, promotion, and
egress based on common standards and procedures while
preserving maximum interchange among such functions.
TITLE XI--ORGANIZATION OF THE DEPARTMENT OF STATE AND FOREIGN SERVICE
SEC. 1101. OFFICE OF THE SECRETARY OF STATE.
Section 1 of the State Department Basic Authorities of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) The Secretary shall serve as the principal foreign
policy adviser to the President and shall, under the direction
of the President, be responsible for the overall direction,
coordination, and supervision of United States foreign
relations and for the interdepartmental activities of the
United States Government abroad.''.
SEC. 1102. ASSUMPTION OF DUTIES BY INCUMBENT APPOINTEES.
An individual holding an office immediately prior to the date of
enactment of this Act--
(1) who was appointed to the office by the President, by
and with the advice and consent of the Senate; and
(2) who performs duties substantially similar to the duties
of an office proposed to be created under a reorganization plan
submitted under section 1501,
may, in the discretion of the Secretary of State, assume the duties of
such new office, and shall not be required to be reappointed by reason
of the implementation of the reorganization plan.
SEC. 1103. CONSOLIDATION OF UNITED STATES DIPLOMATIC MISSIONS AND
CONSULAR POSTS.
(a) Consolidation Plan.--The Secretary of State shall develop a
worldwide plan for the consolidation, wherever practicable, on a
regional or areawide basis, of United States missions and consular
posts abroad in order to carry out this section.
(b) Contents of Plan.--The plan shall--
(1) identify the specific United States diplomatic missions
and consular posts for consolidation;
(2) identify those missions and posts at which the resident
ambassador would also be accredited to other specified states
in which the United States either maintained no resident
official presence or maintained such a presence only at staff
level; and
(3) provide an estimate of--
(A) the amount by which expenditures would be
reduced through the reduction in the number of United
States Government personnel assigned abroad;
(B) the amount by which expenditures would be
reduced through a reduction in the costs of maintaining
United States properties abroad; and
(C) the amount of revenues generated to the United
States through the sale or other disposition of United
States properties associated with the posts to be
consolidated abroad.
(c) Transmittal.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall transmit a copy of
the plan to the appropriate congressional committees.
(d) Implementation.--Not later than 60 days after transmittal of
the plan under subsection (c), the Secretary of State shall take steps
to implement the plan unless the Congress before such date enacts
legislation disapproving the plan.
(e) Congressional Priority Procedures.--(1) A joint resolution
described in paragraph (2) which is introduced in a House of Congress
after the date on which a plan developed under subsection (a) is
received by Congress, shall be considered in accordance with the
procedures set forth in paragraphs (3) through (7) of section 8066(c)
of the Department of Defense Appropriations Act, 1985 (as contained in
Public Law 98-473 (98 Stat. 1936)), except that--
(A) references to the ``report described in paragraph (1)''
shall be deemed to be references to the joint resolution; and
(B) references to the Committee on Appropriations of the
House of Representatives and to the Committee on Appropriations
of the Senate shall be deemed to be references to the Committee
on International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate.
(2) A joint resolution under this paragraph is a joint resolution
the matter after the resolving clause of which is as follows: ``That
the Congress disapproves the plan submitted by the President on
____________ pursuant to section 1109 of the Foreign Affairs
Reinvention Act of 1995.''.
(f) Resubmission of Plan.--If, within 60 days of transmittal of a
plan under subsection (c), Congress enacts legislation disapproving the
plan, the President shall transmit to the appropriate congressional
committees a revised plan developed under subsection (a).
(g) Statutory Construction.--Nothing in this section requires the
termination of United States diplomatic or consular relations with any
foreign country.
(h) Definitions.--As used in this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Plan.--The term ``plan'' means the plan developed under
subsection (a).
SEC. 1104. PROCEDURES FOR COORDINATION OF GOVERNMENT PERSONNEL AT
OVERSEAS POSTS.
(a) Amendment of the Foreign Service Act of 1980.--Section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c)(1) In carrying out subsection (b), the head of each
department, agency, or other entity of the executive branch of
Government shall ensure that, in coordination with the Department of
State, the approval of the chief of mission to a foreign country is
sought on any proposed change in the size, composition, or mandate of
employees of the respective department, agency, or entity (other than
employees under the command of a United States area military commander)
if the employees are performing duties in that country.
``(2) In seeking the approval of the chief of mission under
paragraph (1), the head of a department, agency, or other entity of the
executive branch of Government shall comply with the procedures set
forth in National Security Decision Directive Number 38, as in effect
on June 2, 1982, and the implementing guidelines issued thereunder.
``(d) The Secretary of State, in the sole discretion of the
Secretary, may accord diplomatic titles, privileges, and immunities to
employees of the executive branch of Government who are performing
duties in a foreign country.''.
(b) Review of Procedures for Coordination.--(1) The President shall
conduct a review of the procedures contained in National Security
Decision Directive Number 38, as in effect on June 2, 1982, and the
practices in implementation of those procedures, to determine whether
the procedures and practices have been effective to enhance
significantly the coordination among the several departments, agencies,
and entities of the executive branch of Government represented in
foreign countries.
(2) Not later than 180 days after the date of enactment of this
Act, the President shall submit to the Committee on Foreign Relations
of the Senate and the Committee on International Relations of the House
of Representatives a report containing the findings of the review
conducted under paragraph (1), together with any recommendations for
legislation as the President may determine to be necessary.
TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
SEC. 1201. ABOLITION OF THE ACDA; REFERENCES IN PART.
(a) Abolition.--The United States Arms Control and Disarmament
Agency is abolished on the effective date of this title.
(b) Conforming Repeal.--Section 21 of the Arms Control and
Disarmament Act (22 U.S.C. 2561) is repealed.
(c) References in Title.--Except as specifically provided in this
title, whenever in this title an amendment or repeal is expressed as an
amendment to or repeal of a provision, the reference shall be deemed to
be made to the Arms Control and Disarmament Act.
SEC. 1202. REPEAL OF POSITIONS AND OFFICES.
The following sections are repealed:
(1) Section 22 (22 U.S.C. 2562; relating to the Director).
(2) Section 23 (22 U.S.C. 2563; relating to the Deputy
Director).
(3) Section 24 (22 U.S.C. 2564; relating to Assistant
Directors).
(4) Section 25 (22 U.S.C. 2565; relating to bureaus,
offices, and divisions).
SEC. 1203. AUTHORITIES OF THE SECRETARY OF STATE.
(a) In General.--(1) Except as provided in paragraph (2), the Arms
Control and Disarmament Act (22 U.S.C. 2551 et seq.) is amended by
striking ``Agency'' and ``Director'' each place it appears and
inserting ``Department'' and ``Secretary'', respectively.
(2) No amendment shall be made under paragraph (1) to references to
the On-Site Inspection Agency or to the Director of Central
Intelligence.
(b) Purpose.--Section 2 (22 U.S.C. 2551) is amended--
(1) by striking the second, fourth, fifth, and sixth
sentences; and
(2) in the seventh sentence, by striking ``It'' and all
that follows through ``State,'' and inserting ``The Department
of State shall have the authority''.
(c) Definitions.--Section 3 (22 U.S.C. 2552) is amended by striking
paragraph (c) and inserting the following:
``(c) The term `Department' means the Department of State.
``(d) The term `Secretary' means the Secretary of State.''.
(d) Scientific and Policy Advisory Committee.--Section 26(b) (22
U.S.C. 2566(b)) is amended by striking ``, the Secretary of State, and
the Director'' and inserting ``and the Secretary of State''.
(e) Presidential Special Representatives.--Section 27 (22 U.S.C.
2567) is amended by striking ``, acting through the Director''.
(f) Program for Visiting Scholars.--Section 28 (22 U.S.C. 2568) is
amended--
(1) in the second sentence, by striking ``Agency's
activities'' and inserting ``Department's arms control,
nonproliferation, and disarmament activities''; and
(2) in the fourth sentence, by striking ``, and all former
Directors of the Agency''.
(g) Policy Formulation.--Section 33(a) (22 U.S.C. 2573(a)) is
amended by striking ``shall prepare for the President, the Secretary of
State,'' and inserting ``shall prepare for the President''.
(h) Negotiation Management.--Section 34 (22 U.S.C. 2574) is
amended--
(1) in subsection (a), by striking ``the President and the
Secretary of State'' and inserting ``the President''; and
(2) by striking subsection (b).
(i) Verification of Compliance.--Section 37(d) (22 U.S.C. 2577(d))
is amended by striking ``Director's designee'' and inserting
``Secretary's designee''.
(j) General Authority.--Section 41 (22 U.S.C. 2581) is repealed.
(k) Use of Funds.--Section 48 (22 U.S.C. 2588) is repealed.
(l) Annual Report.--Section 51(a) (22 U.S.C. 2593a(a)) is amended
by striking ``the Secretary of State,''.
(m) Requirement for Authorization of Appropriations.--Section 53
(22 U.S.C. 2593c) is repealed.
(n) On-Site Inspection Agency.--Section 61 (22 U.S.C. 2595) is
amended--
(1) in paragraph (1), by striking ``United States Arms
Control and Disarmament Agency is'' and inserting ``Department
of State and the Department of Defense are respectively''; and
(2) in paragraph (7), by striking ``the United States Arms
Control and Disarmament Agency and''.
SEC. 1204. AUTHORIZATION OF APPROPRIATIONS.
Section 106 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by amending the section heading to read as follows:
``SEC. 106. DEPARTMENT OF STATE ARMS CONTROL AND DISARMAMENT
ACTIVITIES.'';
and
(2) in subsection (a), by inserting ``to the Secretary of
State'' after ``appropriated''.
SEC. 1205. CONFORMING AMENDMENTS.
(a) The Arms Export Control Act is amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by
striking ``Director of the Arms Control and Disarmament Agency
in consultation with the Secretary of State and'' and inserting
``Secretary of State in consultation with'';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
(A) in the first sentence, by striking ``Director
of the United States Arms Control and Disarmament
Agency, taking into account the Director's'' and
inserting ``Secretary of State, taking into account the
Secretary's''; and
(B) in the second sentence, by striking ``The
Director of the Arms Control and Disarmament Agency is
authorized, whenever the Director'' and inserting ``The
Secretary of State is authorized, whenever the
Secretary'';
(3) in section 42(a) (22 U.S.C. 2791(a))--
(A) in paragraph (1)(C), by striking ``Director of
the United States Arms Control and Disarmament Agency''
and inserting ``Secretary of State''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking
``Director of the United States Arms Control
and Disarmament Agency'' and inserting
``Secretary of State''; and
(ii) in the second sentence, by striking
``Director of the Arms Control and Disarmament
Agency is authorized, whenever the Director''
and inserting ``Secretary of State is
authorized, whenever the Secretary'';
(4) in section 71(a) of such Act (22 U.S.C. 2797(a)), by
striking ``, the Director of the Arms Control and Disarmament
Agency,'' and inserting ``Secretary of State'';
(5) in section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)),
by striking ``Director of the United States Arms Control and
Disarmament Agency'' and inserting ``Secretary of State;
(6) in section 71(b)(2) of such Act (22 U.S.C.
2797(b)(2))--
(A) by striking ``Director of the United States
Arms Control and Disarmament Agency'' and inserting
``Secretary of State''; and
(B) by striking ``or the Director'';
(7) in section 71(c) of such Act (22 U.S.C. 2797(c)), by
striking ``Director of the United States Arms Control and
Disarmament Agency,'' and inserting ``Secretary of State''; and
(8) in section 73(d) of such Act (22 U.S.C. 2797b(d)), by
striking ``, the Secretary of Commerce, and the Director of the
United States Arms Control and Disarmament Agency'' and
inserting ``and the Secretary of Commerce''.
(b) Section 1706(b) of the United States Institute of Peace Act (22
U.S.C. 4605(b)) is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``Eleven'' and inserting ``Twelve''.
(c) The Atomic Energy Act of 1954 is amended--
(1) in section 57 b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking ``the Arms
Control and Disarmament Agency,'', and
(B) in the second sentence, by striking ``the
Director of the Arms Control and Disarmament Agency,'',
and
(2) in section 123 (42 U.S.C. 2153)--
(A) in subsection a. (in the text below paragraph
(9)--
(i) by striking ``and in consultation with
the Director of the Arms Control and
Disarmament Agency (`the Director')'', and
(ii) by striking ``and the Director'' and
inserting ``and the Secretary of Defense'',
(B) in subsection d., in the first proviso, by
striking ``Director of the Arms Control and Disarmament
Agency'' and inserting ``Secretary of Defense'', and
(C) in the first undesignated paragraph following
subsection d., by striking ``the Arms Control and
Disarmament Agency,''.
(d) The Nuclear Non-Proliferation Act of 1978 is amended--
(1) in section 4, by striking paragraph (2);
(2) in section 102, by striking ``the Secretary of State,
and the Director of the Arms Control and Disarmament Agency''
and inserting ``and the Secretary of State''; and
(3) in section 602(c), by striking ``the Arms Control and
Disarmament Agency,''.
(e) Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Arms Control and Disarmament Agency.'',
(2) in section 5314, by striking ``Deputy Director of the
United States Arms Control and Disarmament Agency.'',
(3) in section 5315--
(A) by striking ``Assistant Directors, United
States Arms Control and Disarmament Agency (4).'', and
(B) by striking ``Special Representatives of the
President for arms control, nonproliferation, and
disarmament matters, United States Arms Control and
Disarmament Agency'', and inserting ``Special
Representatives of the President for arms control,
nonproliferation, and disarmament matters, Department
of State'', and
(4) in section 5316, by striking ``General Counsel of the
United States Arms Control and Disarmament Agency.''.
SEC. 1206. REFERENCES IN LAW.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to the United States Arms Control and Disarmament Agency or
the Director or other official of the United States Arms Control and
Disarmament Agency shall be deemed to refer respectively to the
Department of State or the Secretary of State or other official of the
Department of State.
SEC. 1207. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take
effect only in the event of the abolition of the independent foreign
affairs agencies specified in section 1501(e).
TITLE XIII--UNITED STATES INFORMATION AGENCY
SEC. 1301. ABOLITION.
The United States Information Agency is abolished upon the
effective date of this title.
SEC. 1302. REFERENCES IN LAW.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the Director of the United States Information Agency or
the Director of the International Communication Agency shall be
deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer to
the Department of State.
SEC. 1303. AMENDMENTS TO TITLE 5.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Information Agency.'';
(2) in section 5315, by striking ``Deputy Director of the
United States Information Agency.''; and
(3) in section 5316, by striking ``Deputy Director, Policy
and Plans, United States Information Agency.'' and striking
``Associate Director (Policy and Plans), United States
Information Agency.''.
SEC. 1304. AMENDMENTS TO UNITED STATES INFORMATION AND EDUCATIONAL
EXCHANGE ACT OF 1948.
(a) References in Section.--Except as specifically provided in this
section, whenever in this section an amendment or repeal is expressed
as an amendment or repeal of a provision, the reference shall be deemed
to be made to the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1431 et seq.).
(b) In General.--Except as otherwise provided in this section, the
Act (other than section 604 and subsections (a) and (c) of section 701)
is amended--
(1) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State'';
(2) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State'';
(3) by striking ``Director'' each place it appears and
inserting ``Secretary of State'';
(4) by striking ``USIA'' each place it appears and
inserting ``Department of State''; and
(5) by striking ``Agency'' each place it appears and
inserting ``Department of State.
(c) Satellite and Television Broadcasts.--Section 505 (22 U.S.C.
1464a) is amended--
(1) by striking ``Director of the United States Information
Agency'' each of the three places it appears and inserting
``Secretary of State'';
(2) in subsection (b), by striking ``To be effective, the
United States Information Agency'' and inserting ``To be
effective in carrying out this subsection, the Department of
State'';
(3) by striking ``USIA-TV'' each place it appears and
inserting ``DEPARTMENT OF STATE-TV''; and
(4) by striking subsection (e).
(d) Nondiscretionary Personnel Costs and Currency Fluctuations.--
Section 704 (22 U.S.C. 1477b) is amended--
(1) in subsection (b), by inserting after ``authorized by
law'' the following: ``in connection with carrying out the
informational and educational exchange functions of the
Department''; and
(2) in subsection (c), by striking ``United States
Information Agency'' each place it appears and inserting
``Department of State in carrying out the informational and
educational exchange functions of the Department''.
(e) Reprogramming Notifications.--Section 705 (22 U.S.C. 1477c) is
amended by striking ``United States Information Agency'' each place it
appears and inserting ``Department of State in carrying out its
informational and educational exchange functions''.
(f) Authorities of the Secretary.--Section 801(3) (22 U.S.C.
1471(3)) is amended by striking all ``if the sufficiency'' and all that
follows and inserting ``if the Secretary determines that title to such
real property or interests is sufficient;''.
(g) Repeal of the USIA Seal.--Section 807 (22 U.S.C. 1475b) is
repealed.
(h) Acting Associate Directors.--Section 808 (22 U.S.C. 1475c) is
repealed.
(i) Debt Collection.--Section 811 (22 U.S.C. 1475f) is amended by
inserting ``informational and educational exchange'' before
``activities'' each place it appears.
(j) Overseas Posts.--Section 812 (22 U.S.C. 1475g) is amended by
striking ``United States Information Agency post'' each place it
appears and inserting ``informational and educational exchange post of
the Department of State''.
(k) Definition.--Section 4 (22 U.S.C. 1433) is amended by adding at
the end the following:
``(4) `informational and educational exchange functions',
with respect to the Department of State, refers to functions
exercised by the United States Information Agency before the
effective date of title XIII of the Foreign Affairs Reinvention
Act of 1995.''.
SEC. 1305. AMENDMENTS TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE
ACT OF 1961 (FULBRIGHT-HAYS ACT).
(a) References in Section.--Except as specifically provided in this
section, whenever in this section an amendment or repeal is expressed
as an amendment or repeal of a provision, the reference shall be deemed
to be made to the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2451 et seq.).
(b) In General.--The Act (22 U.S.C. 2451 et seq.) is amended by
striking ``Director of the International Communication Agency'' each
place it appears and inserting ``Secretary of State''.
(c) Program Authorities.--(1) Section 102(a) (22 U.S.C. 2452(a)) is
amended by striking ``President'' each place it appears and inserting
``Secretary of State''.
(2) Section 102(b) (22 U.S.C. 2452(b)) is amended by striking
``President'' and inserting ``Secretary of State (except, in the case
of paragraphs (6) and (10), the President)''.
(d) International Agreements.--Section 103 (22 U.S.C. 2453) is
amended by striking ``President'' each place it appears and inserting
``Secretary of State''.
(e) Personnel Benefits.--Section 104(d) (22 U.S.C. 2454(d)) is
amended by striking ``President'' each place it appears and inserting
``Secretary of State''.
(f) Foreign Student Counseling.--Section 104(e)(3) (22 U.S.C.
2454(e)(3)) is amended by striking ``President'' and inserting
``Secretary of State''.
(g) Publicity and Promotion Overseas.--Section 104(e)(4) (22 U.S.C.
2454(e)(4)) is amended by striking ``President'' and inserting
``Secretary of State''.
(h) Use of Funds.--Section 105(e) (22 U.S.C. 2455(e)) is amended by
striking ``President'' each place it appears and inserting ``Secretary
of State''.
(i) Repeal of Authority for Abolished Advisory Committee.--Section
106(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2456(c)) is repealed.
(j) Bureau of Educational and Cultural Affairs.--
(1) In general.--Section 112(a) (22 U.S.C. 2460(a)) is
amended by striking the first sentence and inserting the
following: ``In order to carry out the purposes of this Act,
there is established in the Department of State a Bureau for
International Exchange Activities (in this section referred to
as the ``Bureau'').
(2) Implementation of programs.--Section 112(c) (22 U.S.C.
2460(c)) is amended by striking ``President'' each place it
appears and inserting ``Secretary of State''.
SEC. 1306. INTERNATIONAL BROADCASTING ACTIVITIES.
(a) In General.--(1) Except as otherwise provided in paragraph (2),
title III of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236) is amended--
(A) by striking ``Director of the United States Information
Agency'' or ``Director'' each place it appears and inserting
``Under Secretary of State for Public Diplomacy'';
(B) by striking all references to ``United States
Information Agency'' that were not stricken in subparagraph (A)
and inserting ``Department of State'';
(C) in section 305(a)(1), by inserting ``(including
activities of the Voice of America previously carried out by
the United States Information Agency)'' after ``this title'';
(D) in section 305(b), by striking ``Agency's'' each place
it appears and inserting ``Department's''; and
(E) by striking ``Bureau'' each place it appears and
inserting ``Office''.
(2) Title III of such Act is amended--
(A) in section 304(c)--
(i) by striking ``Director's'' and inserting
``Under Secretary's''; and
(ii) in the fifth sentence, by striking ``Director
of the United States Information Agency, the acting
Director of the agency'' and inserting ``Under
Secretary of State for Public Diplomacy, the acting
Under Secretary'';
(B) in sections 305(b) and 307(b)(1), by striking
``Director of the Bureau'' each place it appears and inserting
``Director of the Office'';
(C) in subsections (i) and (j) of section 308, by striking
``Inspector General of the United States Information Agency''
each place it appears and inserting ``Inspector General for
Foreign Affairs''; and
(D) in section 310(d), by striking ``Director on the date
of enactment of this Act, to the extent that the Director'' and
inserting ``Under Secretary on the effective date of title XIII
of the Foreign Affairs Reinvention Act of 1995, to the extent
that the Under Secretary''.
(b) Conforming Amendment to Title 5.--Section 5315 of title 5,
United States Code, is amended by striking ``Director of the
International Broadcasting Bureau, the United States Information
Agency'' and inserting ``Director of the International Broadcasting
Office, the Department of State''.
SEC. 1307. TELEVISION BROADCASTING TO CUBA.
(a) Authority.--Section 243(a) of the Television Broadcasting to
Cuba Act (as contained in part D of title II of Public Law 101-246) (22
U.S.C. 1465bb(a)) is amended by striking ``United States Information
Agency (hereafter in this part referred to as the `Agency')'' and
inserting ``Department of State (hereafter in this title referred to as
the `Department')''.
(b) Television Marti Service.--Section 244 of such Act (22 U.S.C.
1465cc) is amended--
(1) in subsection (a)--
(A) by amending the first sentence to read as
follows: ``The Secretary of State shall administer
within the Voice of America the Television Marti
Service.'', and
(B) in the third sentence, by striking ``Director
of the United States Information Agency'' and inserting
``Secretary of State'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``USIA''
and inserting ``Department of State'',
(B) by striking ``Agency facilities'' and inserting
``Department facilities'', and
(C) by striking ``United States Information Agency
Television Service'' and inserting ``Department of
State Television Service''; and
(3) in subsection (c)--
(A) by striking ``USIA Authority.--The Agency'' and
inserting ``Secretary of State Authority.--The
Secretary of State''; and
(B) by striking ``Agency'' the second place it
appears and inserting ``Secretary of State''.
(c) Assistance From Other Government Agencies.--Section 246 of such
Act (22 U.S.C. 1465dd) is amended--
(1) by striking ``United States Information Agency'' and
inserting ``Department of State''; and
(2) by striking ``the Agency'' and inserting ``the
Department''.
(d) Authorization of Appropriations.--Section 247(a) of such Act
(22 U.S.C. 1465ee(a)) is repealed.
SEC. 1308. RADIO BROADCASTING TO CUBA.
(a) Functions of the Department of State.--Section 3 of the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465a) is amended--
(1) in the section heading, by striking ``United States
Information Agency'' and inserting ``Department of State'';
(2) in subsection (a), by striking ``United States
Information Agency (hereafter in this Act referred to as the
`Agency')'' and inserting ``Department of State (hereafter in
this Act referred to as the `Department')'';
(3) by striking subsection (d); and
(4) in subsection (f), by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of
State''.
(b) Cuba Service.--Section 4 of such Act (22 U.S.C. 1465b) is
amended--
(1) by amending the first sentence to read as follows:
``The Secretary of State shall administer within the Voice of
America the Cuba Service (hereafter in this section referred to
as the `Service').''; and
(2) in the third sentence, by striking ``Director of the
United States Information Agency'' and inserting ``Secretary of
State''.
(c) Assistance From Other Government Agencies.--Section 6 of such
Act (22 U.S.C. 1465d) is amended--
(1) in subsection (a)--
(A) by striking ``United States Information
Agency'' and inserting ``Department of State''; and
(B) by striking ``the Agency'' and inserting ``the
Department''; and
(2) in subsection (b)--
(A) by striking ``The Agency'' and inserting ``The
Department''; and
(B) by striking ``the Agency'' and inserting ``the
Secretary of State''.
(d) Facility Compensation.--Section 7 of such Act (22 U.S.C. 1465e)
is amended--
(1) in subsection (b), by striking ``the Agency'' and
inserting ``the Department''; and
(2) in subsection (d), by striking ``Agency'' and inserting
``Department''.
(e) Authorization of Appropriations.--Section 8 of such Act (22
U.S.C. 1465f) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) The amount obligated by the Department of State each fiscal
year to carry out this Act shall be sufficient to maintain broadcasts
to Cuba under this Act at rates no less than the fiscal year 1985 level
of obligations by the former United States Information Agency for such
broadcasts.''; and
(2) by redesignating subsection (c) as subsection (b).
SEC. 1309. NATIONAL ENDOWMENT FOR DEMOCRACY.
(a) Grants.--Section 503 of Public Law 98-164, as amended (22
U.S.C. 4412) is amended--
(1) in subsection (a)--
(A) by striking ``Director of the United States
Information Agency'' and inserting ``Secretary of
State'';
(B) by striking ``the Agency'' and inserting ``the
Department of State''; and
(C) by striking ``the Director'' and inserting
``the Secretary of State''; and
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State''.
(b) Audits.--Section 504(g) of such Act (22 U.S.C. 4413(g)) is
amended by striking ``United States Information Agency'' and inserting
``Department of State''.
(c) Freedom of Information.--Section 506 of such Act (22 U.S.C.
4415) is amended--
(1) in subsection (b)--
(A) by striking ``Director'' each of the three
places it appears and inserting ``Secretary''; and
(B) by striking ``of the United States Information
Agency'' and inserting ``of State''; and
(2) in subsection (c)--
(A) in the subsection heading by striking ``USIA''
and inserting ``Department of State'';
(B) by striking ``Director'' each of the three
places it appears and inserting ``Secretary'';
(C) by striking ``of the United States Information
Agency'' and inserting ``of State''; and
(D) by striking ``United States Information
Agency'' and inserting ``Department of State''.
SEC. 1310. UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES.
(a) Program Authority.--Section 603 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4703) is
amended by striking ``United States Information Agency'' and inserting
``Department of State''.
(b) Guidelines.--Section 604(11) of such Act (22 U.S.C. 4704(11))
is amended by striking ``United States Information Agency'' and
inserting ``Department of State''.
(c) Policy Regarding Other International Educational Programs.--
Section 606(b) of such Act (22 U.S.C. 4706(b)) is amended--
(1) in the subsection heading, by striking ``USIA'' and
inserting ``State Department''; and
(2) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''.
(d) General Authorities.--Section 609(e) of such Act (22 U.S.C.
4709(e)) is amended by striking ``United States Information Agency''
and inserting ``Department of State''.
SEC. 1311. NATIONAL SECURITY EDUCATION BOARD.
Section 803 of the Intelligence Authorization Act, Fiscal Year 1992
(50 U.S.C. 1903(b)) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph
(6); and
(2) in subsection (c), by striking ``subsection (b)(7)''
and inserting ``subsection (b)(6)''.
SEC. 1312. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN NORTH
AND SOUTH.
Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2075) is amended by striking ``Director
of the United States Information Agency'' each place it appears and
inserting ``Secretary of State''.
SEC. 1313. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST
AND WEST.
(a) Duties.--Section 703 of the Mutual Security Act of 1960 (22
U.S.C. 2055) is amended--
(1) in the text above paragraph (1), by striking ``Director
of the United States Information Agency'' (hereinafter referred
to as the `Director')'' and inserting ``Secretary of State
(hereinafter referred to as the `Secretary'); and
(2) in paragraph (1), by striking ``establishment and''.
(b) Administration.--Section 704 of such Act (22 U.S.C. 2056) is
amended--
(1) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(2) by striking ``Director'' each place it appears and
inserting ``Secretary''.
SEC. 1314. MISSION OF THE DEPARTMENT OF STATE.
Section 202 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 1461-1) is amended--
(1) in the first sentence, by striking ``mission of the
United States Information Agency'' and inserting ``mission of
the Department of State in carrying out its information,
educational, and cultural functions'';
(2) in the second sentence, in the text above paragraph
(1), by striking ``United States Information Agency'' and
inserting ``Department of State'';
(3) in paragraph (1)(B), by striking ``Agency'' and
inserting ``Department''; and
(4) in paragraph (5), by striking ``mission of the Agency''
and inserting ``mission described in this section''.
SEC. 1315. CONSOLIDATION OF ADMINISTRATIVE SERVICES.
Section 23 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2695(a)) is amended--
(1) by striking ``(including'' and all that follows through
``Agency)''; and
(2) by striking ``other such agencies'' and inserting
``other Federal agencies''.
SEC. 1316. GRANTS.
Section 212 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
(1) in subsection (a), by striking ``United States
Information Agency'' and inserting ``Department of State, in
carrying out its international information, educational, and
cultural functions,'';
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``United States
Information Agency shall substantially comply with
United States Information Agency'' and inserting
``Department of State, in carrying out its
international information, educational, and cultural
functions, shall substantially comply with Department
of State''; and
(B) in paragraph (2), by striking ``United States
Information Agency'' and inserting ``Department of
State''; and
(C) in paragraphs (2) and (3), by striking
``Agency'' each of the two places it appears and
inserting ``Department''; and
(4) by striking subsection (d).
SEC. 1317. BAN ON DOMESTIC ACTIVITIES.
Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended--
(1) by striking out ``United States Information Agency''
each of the two places it appears and inserting ``Department of
State''; and
(2) by inserting ``in carrying out international
information, educational, and cultural activities comparable to
those previously administered by the United States Information
Agency'' before ``shall be distributed''.
SEC. 1318. CONFORMING REPEAL TO THE ARMS CONTROL AND DISARMAMENT ACT.
Section 34(b) of the Arms Control and Disarmament Act (22 U.S.C.
2574(b)) is repealed.
SEC. 1319. REPEAL RELATING TO PROCUREMENT OF LEGAL SERVICES.
Section 26(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2698(b)) is repealed.
SEC. 1320. REPEAL RELATING TO PAYMENT OF SUBSISTENCE EXPENSES.
Section 32 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2704) is amended by striking the second sentence.
SEC. 1321. CONFORMING AMENDMENT TO THE SEED ACT.
Section 2(c) of the Support for East European Democracy (SEED) Act
of 1989 (22 U.S.C. 5401(c)) is amended in paragraph (17) by striking
``United States Information Agency'' and inserting ``Department of
State''.
SEC. 1322. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION.
Section 7(c)(1) of the Federal Triangle Development Act (40 U.S.C.
1106(c)(1)) is amended--
(1) in the text above subparagraph (A), by striking ``15
members'' and inserting ``14 members'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G) through (J) as
subparagraphs (F) through (I), respectively.
SEC. 1323. OTHER LAWS REFERENCED IN REORGANIZATION PLAN NO. 2 OF 1977.
(a) Immigration and Nationality Act.--(1) Section 101(a)(15)(J) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) is
amended by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''.
(2) Section 212(e) of such Act (8 U.S.C. 1182(e)) is amended--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(B) by striking ``Director'' each place it appears and
inserting ``Secretary''.
(b) Arts and Artifacts Indemnity Act.--Section 3(a) of the Arts and
Artifacts Indemnity Act (20 U.S.C. 972(a)) is amended by striking out
``Director of the United States Information Agency'' and inserting in
lieu thereof ``Secretary of State''.
(c) National Foundation on the Arts and the Humanities Act of
1965.--Section 9(b) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 958(b)) is amended by striking out
``a member designated by the Director of the United States Information
Agency,'' and inserting in lieu thereof ``a member designated by the
Secretary of State,''.
(d) Woodrow Wilson Memorial Act of 1968.--Section 3(b) of the
Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)) is amended--
(1) in the matter preceding paragraph (1), by striking out
``19 members'' and inserting in lieu thereof ``18 members'';
(2) by striking out paragraph (7); and
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(e) Public Law 95-86.--Title V of the Departments of State,
Justice, and Commerce, the Judiciary, and Related Agencies
Appropriations Act, 1978 (Public Law 95-86) is amended in the third
proviso of the paragraph ``salaries and expenses'' under the heading
``United States Information Agency'' (22 U.S.C. 1461b) by striking out
``the United States Information Agency is authorized,'' and inserting
in lieu thereof ``the Secretary of State may,''.
(f) Act of July 9, 1949.--The Act of July 9, 1949 (63 Stat. 408;
chapter 301; 22 U.S.C. 2681 et seq.) is repealed.
SEC. 1324. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION FROM
TOTALITARIANISM TO DEMOCRACY.
Section 602 of the National and Community Service Act of 1990 (22
U.S.C. 2452a) is amended--
(1) in the second sentence of subsection (a), by striking
``United States Information Agency'' and inserting ``Department
of State''; and
(2) in subsection (b)--
(A) by striking ``appropriations account of the
United States Information Agency'' and inserting
``appropriate appropriations account of the Department
of State''; and
(B) by striking ``and the United States Information
Agency''.
SEC. 1325. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.
Section 227 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State''; and
(2) by striking subsection (d).
SEC. 1326. IMPLEMENTATION OF CONVENTION ON CULTURAL PROPERTY.
Title III of the Convention on Cultural Property Implementation Act
(19 U.S.C. 2601 et seq.) is amended by striking ``Director of the
United States Information Agency'' each place it appears and inserting
``Secretary of State''.
SEC. 1327. MIKE MANSFIELD FELLOWSHIPS.
Part C of title II of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6101 et seq.) is amended--
(1) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State''; and
(2) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State''.
SEC. 1328. UNITED STATES ADVISORY COMMITTEE FOR PUBLIC DIPLOMACY.
Section 604 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1469) is amended--
(1) in subsection (c)(1)--
(A) by striking ``the Director of the United States
Information Agency,''; and
(B) by striking ``Director or the Agency, and shall
appraise the effectiveness of policies and programs of
the Agency'' and inserting ``Secretary of State or the
Department of State, and shall appraise the
effectiveness of the information, educational, and
cultural policies and programs of the Department'';
(2) in subsection (c)(2), in the first sentence--
(A) by striking ``the Secretary of State, and the
Director of the United States Information Agency'' and
inserting ``, and the Secretary of State'';
(B) by striking ``Agency'' the first place it
appears and inserting ``Department of State''; and
(C) by striking ``Director for effectuating the
purposes of the Agency'' and inserting ``Secretary for
effectuating the information, educational, and cultural
functions of the Department'';
(3) in subsection (c)(3), by striking ``programs conducted
by the Agency'' and inserting ``information, educational, and
cultural programs conducted by the Department of State''; and
(4) in subsection (c)(4), by striking ``Director of the
United States Information Agency'' and inserting ``Secretary of
State''.
SEC. 1329. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take
effect only in the event of the abolition of the independent foreign
affairs agencies specified in section 1501(e).
TITLE XIV--AGENCY FOR INTERNATIONAL DEVELOPMENT AND THE INTERNATIONAL
DEVELOPMENT COOPERATION AGENCY
SEC. 1401. ABOLITIONS; REFERENCES IN PART.
(a) Abolitions.--The Agency for International Development and the
International Development Cooperation Agency (exclusive of components
expressly established by statute or reorganization plan) are abolished
upon the effective date of this title.
(b) References in Part.--Except as specifically provided in this
title, whenever in this title an amendment or repeal is expressed as an
amendment to or repeal of a provision, the reference shall be deemed to
be made to the Foreign Assistance Act of 1961.
SEC. 1402. REFERENCES IN THE FOREIGN ASSISTANCE ACT OF 1961.
References in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) to--
(1) the ``administrator of the agency primarily responsible
for administering part I of this Act'', ``administrator of the
agency primarily responsible for administering this part'', and
the ``Administrator'' shall be deemed to be references to the
Secretary of State; and
(2) the ``agency primarily responsible for administering
part I of this Act'', the ``agency primarily responsible for
administering this part'', and ``agency'' (except as used in
sections 231 and 661 of such Act) shall be deemed to be the
Department of State.
SEC. 1403. EXERCISE OF FUNCTIONS BY THE SECRETARY OF STATE.
Section 621(a) (22 U.S.C. 2381(a)) is amended--
(1) in the first sentence, by inserting before the period
the following: ``, except that functions conferred upon the
President in part I of this Act may be exercised by the
Secretary of State''; and
(2) in the second and third sentences, by striking ``head
of any such agency'' each place it appears and inserting
``Secretary of State and any other head of any such agency''.
SEC. 1404. REPEAL OF POSITIONS; EMPLOYMENT AND CONTRACTING AUTHORITIES.
The following sections are repealed:
(1) Section 624 (a), (b), (c), and (e) (22 U.S.C. 2384 (a),
(b), (c), and (e); relating to statutory officers).
(2) Section 626 (a) and (b) (22 U.S.C. 2386 (a) and (b);
relating to experts and consultants).
SEC. 1405. DEVELOPMENT LOAN COMMITTEE.
Section 122(e) (22 U.S.C. 2151t(e)) is amended by inserting after
the first sentence the following new sentence: ``The Secretary of State
shall serve as Chairman of the Committee.''.
SEC. 1406. DEVELOPMENT COORDINATION COMMITTEE.
(a) Annual Report.--Section 634(a) (22 U.S.C. 2394(a)) is amended
in the text above paragraph (1)(A) by striking ``Chairman of the
Development Coordination Committee'' and inserting ``Secretary of
State''.
(b) Coordination.--Section 640B(a) (22 U.S.C. 2399(a)) is amended
by striking ``head of the agency primarily responsible for
administering part I, Chairman, and representatives of the Departments
of State,'' and inserting ``Secretary of State,''.
SEC. 1407. PUBLIC LAW 83-480 PROGRAM.
The Agricultural Trade Development and Assistance Act of 1954
(Public Law 83-480; 7 U.S.C. 1691 et seq.) is amended--
(1) by striking ``Administrator'' each place it appears and
inserting ``Secretary of State''; and
(2) in section 402 (7 U.S.C. 1732)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (8) as
paragraphs (1) through (7), respectively.
SEC. 1408. CONFORMING AMENDMENTS TO TITLE 5, UNITED STATES CODE.
(a) Administrator.--Section 5313 of title 5, United States Code, is
amended by striking ``Administrator, Agency for International
Development.''.
(b) Deputy Administrator.--Section 5314 of title 5, United States
Code, is amended by striking ``Deputy Administrator, Agency for
International Development.''.
(c) Assistant Administrators.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Administrators, Agency
for International Development (6).''.
(d) Regional Assistant Administrators.--Section 5315 of title 5,
United States Code, is amended by striking ``Regional Assistant
Administrators, Agency for International Development (4).''.
(e) General Counsel.--Section 5316 of title 5, United States Code,
is amended by striking ``General Counsel of the Agency for
International Development.''.
SEC. 1409. TRADE PROMOTION COORDINATING COMMITTEE.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
(1) in subsection (d)(1)--
(A) by striking subparagraph (I); and
(B) by redesignating subparagraphs (J) through (M)
as subparagraphs (I) through (L), respectively; and
(2) in subsection (f)--
(A) by inserting ``the Committee on Foreign
Relations and'' after ``submit to''; and
(B) by striking ``Foreign Affairs'' and inserting
``International Relations''.
SEC. 1410. CHIEF FINANCIAL OFFICER.
Section 901(b)(2) of title 31, United States Code, is amended--
(1) by striking subparagraph (A) (relating to the Agency
for International Development); and
(2) by redesignating subparagraphs (B) through (H) as
subparagraphs (A) through (G), respectively.
SEC. 1411. REFERENCES IN LAW.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to the Agency for International Development or the
International Development Cooperation Agency (insofar as it exercises
AID functions) or the Administrator or other official of the Agency for
International Development (or the Director or other official of IDCA
exercising AID functions) shall be deemed to refer respectively to the
Department of State or the Secretary of State or other official of the
Department of State.
SEC. 1412. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take
effect only in the event of the abolition of the independent foreign
affairs agencies specified in section 1501(e).
TITLE XV--PLANS FOR CONSOLIDATION AND REINVENTION OF FOREIGN AFFAIRS
AGENCIES
SEC. 1501. REORGANIZATION OF THE DEPARTMENT OF STATE AND THE
INDEPENDENT FOREIGN AFFAIRS AGENCIES.
(a) Submission of Reorganization Plans.--
(1) In general.--The President is authorized to transmit to
the appropriate congressional committees a reorganization plan
or plans providing for the streamlining, consolidation, and
merger of the functions of the foreign affairs agencies of the
United States in order to carry out the purposes of section
1002.
(2) Specific objectives.--Pursuant to paragraph (1), the
President is authorized to transmit a reorganization plan
meeting the following objectives:
(A) The elimination in the duplication of functions
and personnel between the Department of State and the
independent foreign affairs agencies, which may include
the abolition of any such agency.
(B) The reduction in the aggregate number of
positions in the Department of State and the
independent foreign affairs agencies which are
classified at each of levels II, III, and IV of the
Executive Schedule.
(C) The reorganization and streamlining of the
Department of State.
(D) The achievement of $1,700,000,000 in savings
over 5 years through the streamlining, consolidation,
and merger of the functions of the foreign affairs
agencies.
(E) The enhancement of the formulation,
coordination, and implementation of policy.
(F) The maintenance, to the maximum extent
possible, of a United States diplomatic and consular
presence abroad.
(G) The maintenance of programs vital to the
national interests of the United States.
(b) Plan Elements.--A reorganization plan transmitted under
subsection (a)(2), consistent with the provisions of this Act, shall--
(1) identify the functions of the independent foreign
affairs agency or agencies that will be transferred to the
Department of State or any other agency under the plan, as well
as those that may be abolished under the plan;
(2) identify the personnel and positions of the agency or
agencies (including civil service personnel, Foreign Service
personnel, and detailees) that will be transferred to the
Department or any other agency, separated from service with the
agency or agencies, or be terminated under the plan, and set
forth a schedule for such transfers, separations, and
terminations;
(3) identify the personnel and positions of the Department
(including civil service personnel, Foreign Service personnel,
and detailees) that will be transferred within the Department
or any other agency, separated from service with the
Department, or terminated under the plan and set forth a
schedule for such transfers, separations, and terminations;
(4) specify the consolidations, mergers, and reorganization
of functions of the Department that will be required under the
plan in order to permit the Department to carry out the
functions transferred to the Department under the plan;
(5) specify the funds available to the independent foreign
affairs agency or agencies that will be transferred to the
Department or any other agency under this Act as a result of
the implementation of the plan;
(6) specify the proposed allocations within the Department
of the funds specified for transfer under paragraph (5);
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of the independent foreign affairs agency or
agencies resulting from the abolition of any such agency and
the transfer of the functions of the independent foreign
affairs agencies to the Department or to any other agency;
(8) specify a proposed consolidation of administrative
functions to serve the Department of State and all independent
foreign affairs agencies; and
(9) contain a certification by the Director of the Office
of Management and Budget that the Director estimates that the
plan will save $1,700,000,000 in budget authority during fiscal
years 1996 through 2000 from the initial level appropriated for
fiscal year 1995 for the following agencies (including
appropriations made to accounts administered by such agencies):
the Department of State, the United States Information Agency,
the United States Agency for International Development, and the
United States Arms Control and Disarmament Agency.
(c) Limitations.--
(1) Limitation on reductions in program levels.--Not more
than 30 percent of the savings required under subsection (b)(9)
may be realized from reductions in program levels.
(2) Limitation on savings from administrative expenses of
the department of state.--Not more than 15 percent of the
savings required under subsection (b)(9) may come from the
administrative expenses of the Department of State.
(3) Limitations on contents of plan.--Sections 1606 and
1607 of this Act shall apply to a plan transmitted under
subsection (a).
(d) Effective Date of Plan.--(1) A plan transmitted under
subsection (a) shall become effective on a date which is 90 calendar
days of continuous session of Congress after the date on which the plan
is transmitted to Congress, unless the Congress enacts a joint
resolution, in accordance with section 1608, disapproving the plan.
(2) Any provision of a plan submitted under subsection (a) may take
effect later than the date on which the plan becomes effective.
(e) Abolition of Specified Independent Foreign Affairs Agencies.--
If the President does not transmit to Congress within six months after
the date of enactment of this Act a reorganization plan meeting the
objectives of subsection (a)(2), then the United States Arms Control
and Disarmament Agency, the United States Information Agency, the
Agency for International Development, and the International Development
Cooperation Agency (exclusive of components expressly established by
statute or reorganization plan) shall be abolished six months after the
expiration of the period for submission of the plan, and the functions
of such agencies shall be transferred in accordance with section 1601.
(f) Definitions.--As used in this section--
(1) the term ``foreign affairs agencies'' means the
Department of State and the independent foreign affairs
agencies; and
(2) the term ``independent foreign affairs agencies'' means
such Federal agencies (other than the Department of State) that
solely perform functions that are funded under major budget
category 150 and includes the United States Arms Control and
Disarmament Agency, the United States Information Agency, the
Agency for International Development, and the International
Development Cooperation Agency.
TITLE XVI--TRANSITION PROVISIONS
SEC. 1601. TRANSFER OF FUNCTIONS.
(a) Department of State.--Except as otherwise provided in this Act,
there are transferred to, and vested in, the Secretary of State on the
effective dates specified under this section all functions vested by
law (including by reorganization plan approved before the date of the
enactment of this Act pursuant to chapter 9 of title 5, United States
Code) in, or exercised by, the head of each of the following agencies,
the agencies themselves, or officers, employees, or components thereof,
immediately prior to such date:
(1) The United States Arms Control and Disarmament Agency,
on the effective date of title XII.
(2) The United States Information Agency, on the effective
date of title XIII.
(3) The Agency for International Development and the
International Development Cooperation Agency (exclusive of
components expressly established by statute or reorganization
plan), on the effective date of title XIV.
(b) Broadcasting Board of Governors.--There are transferred to, and
vested in, the Broadcasting Board of Governors of the Department of
State under title III of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (as amended by section 1306 of this Act) on
the effective date of title XIII all functions vested by law in, or
exercised by, the Broadcasting Board of Governors of the United States
Information Agency as of the day before that date.
(c) Office of Chief Financial Officer of the Department of State.--
There are transferred to the Chief Financial Officer of the Department
of State on the effective date of title XIV all functions that were
vested by law in, or exercised by, the Chief Financial Officer of the
Agency for International Development immediately prior to such date.
(d) Office of Inspector General for Foreign Affairs of the
Department of State.--There are transferred to the Inspector General
for Foreign Affairs of the Department of State, as established in
section 209 of the Foreign Service Act of 1980 (as amended by this Act)
on the effective dates specified under this subsection the following
functions:
(1) On the effective date of title XIII: All functions that
were vested by law in, or exercised by, the Inspector General
of the United States Information Agency immediately prior to
such date.
(2) On the effective date of title XIV: All functions that
were vested by law in, or exercised by, the Inspector General
of the Agency for International Development immediately prior
to such date.
(e) Statutory Construction.--Nothing in this section precludes a
transfer of functions on a date prior to an effective date specified
under this section if the transfer is made in accordance with the
schedule of transfers set forth in a reorganization plan approved under
this title.
SEC. 1602. DETERMINATION OF TRANSFERRED FUNCTIONS AND EMPLOYEES.
(a) In General.--Except as provided in subsection (b), the
Secretary of State shall, with the cooperation of the head of the
transferor agency, identify the functions or employees, or both, of the
agency that are to be transferred to the Department of State pursuant
to section 1601. Any disagreements between the head of such an agency
and the Secretary with respect to such an identification shall be
resolved by the Director of the Office of Management and Budget.
(b) Agency for International Development.--The Secretary of State
shall determine the functions of the Agency for International
Development, and the number of employees of such Agency necessary to
perform or support such functions, which are to be transferred from the
Agency for International Development to the Department of State
pursuant to section 1601.
SEC. 1603. REORGANIZATION PLAN FOR THE UNITED STATES ARMS CONTROL AND
DISARMAMENT AGENCY.
(a) Submission of Plan.--In the event of the abolition of the
independent foreign affairs agencies specified in section 1501(e), not
later than 90 days before their abolition, the President, in
consultation with the Secretary of State, shall transmit to the
appropriate congressional committees a reorganization plan providing
for--
(1) the abolition of the United States Arms Control and
Disarmament Agency in accordance with this title;
(2) the transfer to the Department of State of the
functions and personnel of the Arms Control and Disarmament
Agency as the President determines necessary to carry out the
primary functions of the Agency, consistent with this title and
title XII; and
(3) the consolidation, reorganization, and streamlining of
the Department upon the transfer of functions under this title
in order to carry out such functions.
(b) Plan Elements.--The plan under subsection (a) shall--
(1) identify the functions of the Arms Control and
Disarmament Agency that will be transferred to the Department
under the plan, as well as those that will be abolished under
the plan;
(2) identify the personnel and positions of the Agency
(including civil service personnel, Foreign Service personnel,
and detailees) that will be transferred to the Department,
separated from service with the Agency, or be terminated under
the plan, and set forth a schedule for such transfers,
separations, and terminations;
(3) identify the personnel and positions of the Department
(including civil service personnel, Foreign Service personnel,
and detailees) that will be transferred within the Department,
separated from service with the Department, or terminated under
the plan and set forth a schedule for such transfers,
separations, and terminations;
(4) specify the consolidations and reorganization of
functions of the Department that will be required under the
plan in order to permit the Department to carry out the
functions transferred to the Department under the plan;
(5) specify the funds available to the Arms Control and
Disarmament Agency that will be transferred to the Department
under this title as a result of the abolition of the Agency;
(6) specify the proposed allocations within the Department
of unexpended funds of the Agency that will be transferred to
the Department under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of the Agency that will result from the abolition
of the Agency and the transfer of the functions of the Agency
to the Department under the plan.
(c) Effective Date of Plan.--The plan transmitted under subsection
(a) shall become effective on the date which is 90 calendar days of
continuous session of Congress after the date on which the plan is
transmitted to Congress, unless the Congress enacts a joint resolution,
in accordance with section 1608, disapproving the plan.
(d) Reduction of Employees.--(1) In implementation of any plan
submitted under subsection (a), the Director of the United States Arms
Control and Disarmament Agency shall take such actions as necessary,
including actions under section 611 of the Foreign Service Act of 1980
(22 U.S.C. 4010a), in the case of members of the Foreign Service, or
under regulations prescribed under section 3502 of title 5, United
States Code, and procedures established under section 3595, of title 5,
United States Code, in the case of Federal employees who are not
members of the Foreign Service, to reduce by eight percent the number
of employees employed by the Agency on the date of the enactment of
this Act. The Director shall achieve the reduction not later than the
effective date of the plan submitted under subsection (a).
(2) For purposes of this subsection, the transfer of any employee
of the Agency to the Department of State, or to any other department or
agency of the United States, shall be excluded from the computation of
the percentage reduction in personnel under this subsection.
(e) Reduction in Funds for Salaries and Expenses for Failure To
Implement Plan.--If the Secretary of State and the Director of the
United States Arms Control and Disarmament Agency do not complete the
implementation of the reorganization plan of the Agency under this
section in accordance with the schedule in the plan as approved under
section 1608, the amount of funds that the Secretary and the Director
may obligate for salaries and expenses of the Department of State and
the Agency, respectively, in the fiscal year in which the
implementation of the plan is otherwise scheduled to be completed under
the plan shall be reduced by an amount equal to 20 percent of the
amount otherwise appropriated to the Department and the Agency,
respectively, in that fiscal year for salaries and expenses.
SEC. 1604. REORGANIZATION PLAN FOR THE UNITED STATES INFORMATION
AGENCY.
(a) Submission of Plan.--In the event of the abolition of the
independent foreign affairs agencies specified in section 1501(e), not
later than 90 days before their abolition, the President, in
consultation with the Secretary of State, shall transmit to the
appropriate congressional committees a reorganization plan providing
for--
(1) the abolition of the United States Information Agency
in accordance with this title;
(2) the transfer to the Department of State of the
functions and personnel of the United States Information Agency
as the President determines necessary to carry out the primary
functions of the Agency, consistent with this title and title
XIII and subject to paragraph (3);
(3) the transfer to the corresponding components of the
Department of State of such functions and personnel of the
components of the Agency described in sections 1601(b) and
1601(d)(1) as the President determines necessary to carry out
the primary functions of those components; and
(4) the consolidation, reorganization, and streamlining of
the Department upon the transfer of functions under this title
in order to carry out such functions.
(b) Plan Elements.--The plan under subsection (a) shall--
(1) identify the functions of the United States Information
Agency that will be transferred to the Department under the
plan, as well as those that will be abolished under the plan;
(2) identify the personnel and positions of the Agency
(including civil service personnel, Foreign Service personnel,
and detailees) that will be transferred to the Department,
separated from service with the Agency, or be terminated under
the plan, and set forth a schedule for such transfers,
separations, and terminations;
(3) identify the personnel and positions of the Department
(including civil service personnel, Foreign Service personnel,
and detailees) that will be transferred within the Department,
separated from service with the Department, or terminated under
the plan, and set forth a schedule for such transfers,
separations, and terminations;
(4) specify the consolidations and reorganization of
functions of the Department that will be required under the
plan in order to permit the Department to carry out the
functions transferred to the Department under the plan;
(5) specify the funds available to the United States
Information Agency that will be transferred to the Department
under this title as a result of the abolition of the Agency;
(6) specify the proposed allocations within the Department
of unexpended funds of the Agency that will be transferred to
the Department under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of the Agency that will result from the abolition
of the Agency and the transfer of the functions of the Agency
to the Department under the plan.
(c) Effective Date of Plan.--The plan transmitted under subsection
(a) shall become effective on the date which is 90 calendar days of
continuous session of Congress after the date on which the plan is
transmitted to Congress, unless the Congress enacts a joint resolution,
in accordance with section 1608, disapproving the plan.
(d) Reduction of Employees.--(1) Subject to paragraph (2), in
implementation of any plan submitted under subsection (a), the Director
of the United States Information Agency shall take such actions as
necessary, including actions under section 611 of the Foreign Service
Act of 1980 (22 U.S.C. 4010a), in the case of members of the Foreign
Service, or under regulations prescribed under section 3502 of title 5,
United States Code, and procedures established under section 3595, of
title 5, United States Code, in the case of Federal employees who are
not members of the Foreign Service, to reduce by 25 percent the number
of employees employed by the Agency on the date of the enactment of
this Act. The Director shall achieve the reduction not later than the
effective date of the plan submitted under subsection (a).
(2) For purposes of this subsection, the transfer of any employee
of the Agency to the Department of State, or to any other department or
agency of the United States, shall be excluded from the computation of
the percentage reduction in personnel under this subsection.
(3) In reducing the number of employees employed by the Agency
under this subsection, the Director shall ensure that the number of
members of the Foreign Service employed by the Agency does not exceed
the number of such members authorized to be employed by the Agency
under section 141.
(e) Reduction in Funds for Salaries and Expenses for Failure To
Implement Plan.--If the Secretary of State and the Director of the
United States Information Agency do not complete the implementation of
the reorganization plan of the Agency under this section in accordance
with the schedule in the plan as approved under section 1608, the
amount of funds that the Secretary and the Director may obligate for
salaries and expenses of the Department of State and the Agency,
respectively, in the fiscal year in which the implementation of the
plan is otherwise scheduled to be completed under the plan shall be
reduced by an amount equal to 20 percent of the amount otherwise
appropriated to the Department and the Agency, respectively, in that
fiscal year for salaries and expenses.
SEC. 1605. REORGANIZATION PLAN FOR THE AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) Submission of Plan.--In the event of the abolition of the
independent foreign affairs agencies specified in section 1501(e), not
later than 90 days before their abolition, the President, in
consultation with the Secretary of State, shall transmit to the
appropriate congressional committees a reorganization plan providing
for--
(1) the abolition of the Agency for International
Development in accordance with this title;
(2) the transfer to the Department of State of the
functions and personnel of the Agency for International
Development as the President determines necessary to carry out
the primary functions of the Agency, consistent with this title
and title XIV;
(3) the transfer to the corresponding components of the
Department of State of such functions and personnel of the
components of the Agency described in sections 1601(c) and
1601(d)(2) as the President determines necessary to carry out
the primary functions of those components; and
(4) the consolidation, reorganization, and streamlining of
the Department upon the transfer of functions under this title
in order to carry out such functions.
(b) Plan Elements.--The plan under subsection (a) shall--
(1) identify the functions of the Agency for International
Development that will be transferred to the Department under
the plan, as well as those that will be abolished under the
plan;
(2) identify the personnel and positions of the Agency
(including civil service personnel, Foreign Service personnel,
and detailees) that will be transferred to the Department,
separated from service with the Agency, or be terminated under
the plan, and set forth a schedule for such transfers,
separations, and terminations;
(3) identify the personnel and positions of the Department
(including civil service personnel, Foreign Service personnel,
and detailees) that will be transferred within the Department,
separated from service with the Department, or terminated under
the plan and set forth a schedule for such transfers,
separations, and terminations;
(4) specify the consolidations and reorganization of
functions of the Department that will be required under the
plan in order to permit the Department to carry out the
functions transferred to the Department under the plan;
(5) specify the funds available to the Agency for
International Development that will be transferred to the
Department under this title as a result of the abolition of the
Agency;
(6) specify the proposed allocations within the Department
of unexpended funds of the Agency that will be transferred to
the Department under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of the Agency that will result from the abolition
of the Agency and the transfer of the functions of the Agency
to the Department under the plan.
(c) Effective Date of Plan.--The plan transmitted under subsection
(a) shall become effective on the date which is 90 calendar days of
continuous session of Congress after the date on which the plan is
transmitted to Congress, unless the Congress enacts a joint resolution,
in accordance with section 1608, disapproving the plan.
(d) Reduction of Employees.--(1) Subject to paragraph (2), in
implementation of any plan submitted under subsection (a), the
Administrator of the Agency for International Development shall take
such actions as necessary, including actions under section 611 of the
Foreign Service Act of 1980 (22 U.S.C. 4010a), in the case of members
of the Foreign Service, or under regulations prescribed under section
3502 of title 5, United States Code, and procedures established under
section 3595, of title 5, United States Code, in the case of Federal
employees who are not members of the Foreign Service, to reduce by 50
percent the number of employees employed by the Agency on the date of
the enactment of this Act. The Administrator shall achieve the
reduction not later than the effective date of the plan submitted under
subsection (a).
(2) For purposes of this subsection, the transfer of any employee
of the Agency to the Department of State, or any other department or
agency of the United States, shall be excluded from the computation of
the percentage reduction in personnel under this subsection.
(3) In reducing the number of employees employed by the Agency
under this subsection, the Administrator shall ensure that the number
of members of the Foreign Service employed by the Agency does not
exceed the number of such members authorized to be employed by the
Agency under section 141.
(e) Reduction in Funds for Salaries and Expenses for Failure To
Implement Plan.--If the Secretary of State and the Administrator of the
Agency for International Development do not complete the implementation
of the reorganization plan of the Agency under this section in
accordance with the schedule in the plan as approved under section
1608, the amount of funds that the Secretary and the Administrator may
obligate for salaries and expenses of the Department of State and the
Agency, respectively, in the fiscal year in which the implementation of
the plan is otherwise scheduled to be completed under the plan shall be
reduced by an amount equal to 20 percent of the amount otherwise
appropriated to the Department and the Agency, respectively, in that
fiscal year for salaries and expenses.
SEC. 1606. ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REORGANIZATION
PLANS.
(a) Limitation on Powers.--A reorganization plan under section
1501, 1603, 1604, or 1605 may not have the effect of--
(1) creating a new executive department;
(2) continuing a function beyond the period authorized by
law for its exercise or beyond the time when it would have
terminated if the reorganization had not been made;
(3) authorizing an agency to exercise a function which is
not authorized by law at the time the plan is transmitted to
Congress;
(4) creating a new agency which is not a component or part
of an existing executive department or independent agency;
(5) increasing the term of an office beyond that provided
by law for the office; or
(6) terminating any function authorized by law.
(b) Effect on Other Laws, Pending Legal Proceedings, and Unexpended
Appropriations.--(1) A statute enacted, and a regulation or other
action made, prescribed, issued, granted, or performed in respect of or
by the agency or function affected by a reorganization under this
title, before the effective date of the reorganization, has, except to
the extent rescinded, modified, superseded, or made inapplicable by or
under authority of law or by the abolition of a function, the same
effect as if the reorganization had not been made. However, if the
statute, regulation, or other action has vested the functions in a
transferor agency, the function, insofar as it is to be exercised after
the plan becomes effective, shall be deemed as vested in the transferee
agency concerned.
(2) For the purpose of paragraph (1), the term ``regulation or
other action'' means a regulation, rule, order, policy, determination,
directive, authorization, permit, privilege, requirement, designation,
or other action.
(c) Notice of Implementation of Plans.--The President shall cause
to be published in the Federal Register for each reorganization plan
submitted under section 1501, 1603, 1604, or 1605 a notice of the date
by which all functions of the transferor agency are to be transferred
or terminated under the plan.
(d) Transmittal of Reorganization Plans.--Section 903(b) of title
5, United States Code, shall apply to each reorganization plan
submitted under section 1501, 1603, 1604, or 1605.
SEC. 1607. AMENDMENTS OR MODIFICATIONS TO REORGANIZATION PLANS.
Any time during the period of 30 calendar days after the date on
which a reorganization plan is transmitted to Congress under section
1501, 1603, 1604, or 1605, or after the date on which the President
transmits to Congress any other plan having the effect of revising such
a plan, but before any resolution described in section 1608 has been
ordered reported in (or deemed to be discharged from) either House of
Congress, the President may make amendments or modifications to the
plan, consistent with section 1501, 1603, 1604, or 1605, as the case
may be, which modifications or revisions shall thereafter be treated as
a part of the reorganization plan originally transmitted and shall not
affect in any way the time limits otherwise provided for in section
1608. The President may withdraw the plan at any time prior to the
conclusion of 45 calendar days beginning on the date on which the plan
is submitted to Congress, except that the President may only withdraw a
plan if a revised plan is immediately substituted for that plan.
SEC. 1608. PROCEDURES FOR CONGRESSIONAL CONSIDERATION OF REORGANIZATION
PLANS.
(a) Procedures.--(1) A joint resolution described in subsection (b)
which is introduced in a House of Congress in accordance with
subsection (c) shall be considered in Congress in accordance with the
procedures set forth in this section.
(2) For purposes of this title and title XV--
(A) continuity of session of Congress is broken only by an
adjournment of Congress sine die; and
(B) the days on which either House is not in session
because of an adjournment of more than 3 days to a day certain
are excluded in the computation of any period of time in which
Congress is in continuous session.
(b) Terms of Resolution.--For the purpose of subsection (a), the
term ``resolution'' means only a joint resolution of the Congress, the
matter after the resolving clause of which is as follows: ``That the
Congress disapproves the reorganization plan numbered ____ transmitted
to the Congress by the President on ____________, 19____, pursuant to
section ____ of the Foreign Affairs Reinvention Act of 1995.'', and
includes such modifications and revisions as are submitted by the
President under section 1607. The blank spaces therein are to be filled
appropriately. The term does not include a resolution which specifies
more than one reorganization plan.
(c) Introduction and Reference of Resolution.--(1) A joint
resolution described in subsection (b) is only entitled to expedited
procedures set forth in this section if the resolution is introduced in
a House of Congress by a Member of that House within 10 calendar days
of continuous session of Congress of the transmittal of a
reorganization plan under section 1501, 1603, 1604, or 1605.
(2) Any resolution with respect to a reorganization plan shall be
referred to the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives by
the President of the Senate or the Speaker of the House of
Representatives, as the case may be. The committee shall make its
recommendations to the House of Representatives or the Senate, as the
case may be, within 30 calendar days following the date of such
resolution's introduction.
(d) Motion to Discharge Committee Considering Resolution.--(1) If
the committee to which is referred a resolution introduced pursuant to
paragraph (1) of subsection (c) has not reported such resolution at the
end of 30 calendar days of continuous session of Congress after its
introduction, it shall be in order to move either to discharge the
committee from further consideration of the resolution or to discharge
the committee from further consideration of any other resolution
introduced with respect to the same plan which has been referred to the
committee, except that no motion to discharge shall be in order after
the committee has reported a resolution with respect to the same plan.
(2) A motion to discharge under paragraph (1) may be made only by a
Senator favoring the resolution, is privileged, and debate thereon
shall be limited to not more than 1 hour, to be divided equally between
those favoring and those opposing the resolution, the time to be
divided equally between, and controlled by, the majority leader and the
minority leader or their designees. An amendment to the motion is not
in order, and it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(e) Procedure After Report or Discharge of Committee; Debate; Vote
on Final Passage.--(1) When the committee has reported, or has been
discharged (under subsection (d)) from further consideration of, a
resolution with respect to a reorganization plan, it is at any time
thereafter in order (even though a previous motion to the same effect
has been disagreed to) for any Member of the respective House to move
to proceed to the consideration of the resolution. The motion is highly
privileged and is not debatable. The motion shall not be subject to
amendment, or to a motion to postpone, or a motion to proceed to the
consideration of other business. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the resolution is agreed
to, the resolution shall remain the unfinished business of the
respective House until disposed of.
(2) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than ten
hours, which shall be divided equally between individuals favoring and
individuals opposing the resolution. A motion further to limit debate
is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not in order. A
motion to reconsider the vote by which the resolution is passed or
rejected shall not be in order.
(3) Immediately following the conclusion of the debate on the
resolution with respect to a reorganization plan, and a single quorum
call at the conclusion of the debate if requested in accordance with
the rules of the appropriate House, the vote on final passage of the
resolution shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution with
respect to a reorganization plan shall be decided without debate.
(5) If, prior to the passage by one House of a resolution of that
House, that House receives a resolution with respect to the same
reorganization plan from the other House, then--
(A) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
(B) the vote on final passage shall be on the resolution of
the other House.
(f) Rules of Senate and House of Representatives on Reorganization
Plans.--Subsections (b), (c), (d), and (e) of this section are enacted
by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the procedure
to be followed in that House in the case of resolutions with
respect to any reorganization plans transmitted to Congress in
accordance with section 1501, 1603, 1604, or 1605, or any other
plan transmitted by the President to Congress having the effect
of revising such a plan, and they supersede other rules only to
the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
SEC. 1609. TRANSITION FUND.
(a) Establishment.--There is hereby established on the books of the
Treasury an account to be known as the ``Foreign Affairs Reorganization
Transition Fund''.
(b) Purpose.--The purpose of the account is to provide funds for
the orderly transfer of functions and personnel to the Department of
State as a result of the implementation of this title and for payment
of other costs associated with the consolidation of foreign affairs
agencies under this title.
(c) Deposits.--(1) Subject to paragraphs (2) and (3), there shall
be deposited into the account the following:
(A) Funds appropriated to the account pursuant to the
authorization of appropriations in subsection (j).
(B) Funds transferred to the account by the Secretary of
State from funds that are transferred to the Secretary by the
head of an agency under subsection (d).
(C) Funds transferred to the account by the Secretary from
funds that are transferred to the Department of State together
with the transfer of functions to the Department under this
title and that are not required by the Secretary in order to
carry out the functions.
(D) Funds transferred to the account by the Secretary from
any unobligated funds that are appropriated or otherwise made
available to the Department.
(2) The Secretary may transfer funds to the account under
subparagraph (C) of paragraph (1) only if the Secretary determines that
the amount of funds deposited in the account pursuant to subparagraphs
(A) and (B) of that paragraph is inadequate to pay the costs of
carrying out this title.
(3) The Secretary may transfer funds to the account under
subparagraph (D) of paragraph (1) only if the Secretary determines that
the amount of funds deposited in the account pursuant to subparagraphs
(A), (B), and (C) of that paragraph is inadequate to pay the costs of
carrying out this title.
(d) Transfer of Funds to Secretary of State.--The head of a
transferor agency shall transfer to the Secretary the amount, if any,
of the unobligated funds appropriated or otherwise made available to
the agency for functions of the agency that are abolished under this
title which funds are not required to carry out the functions of the
agency as a result of the abolishment of the functions under this
title.
(e) Use of Funds.--(1)(A) Notwithstanding any other provision of
law and subject to paragraph (2), the Secretary shall use sums in the
account for payment of the costs of carrying out this title, including
costs relating to the consolidation of functions of the Department of
State and the termination of employees of the Department.
(B) The Secretary may transfer sums in the account to the head of
an agency to be abolished under this division for payment by the head
of the agency of the cost of carrying out a voluntary separation
incentive program at the agency under section 1610.
(2)(A) Except as provided in subparagraph (B), the Secretary may
not use sums in the account for payment of the costs described in
paragraph (1) unless the appropriate congressional committees are
notified 15 days in advance of such use in accordance with procedures
applicable to reprogramming notifications under section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
(B) Subparagraph (A) does not apply to the following uses of sums
in the account:
(i) For payment of the cost of carrying out a voluntary
separation incentive program at the Department under section
1610, but only if the total cost of the program with respect to
the Department is less than $10,000,000.
(ii) For transfer to the head of an agency to be abolished
under this division for payment of the cost of carrying out a
voluntary separation incentive program at the agency under
section 1610, but only if the total amount transferred with
respect to the agency is less than $30,000,000.
(iii) For payment of the cost of any severance payments
required to be paid by the Secretary to employees of the
Department, but only if the cost of such payments is less than
$10,000,000.
(iv) For transfer to the head of an agency to be abolished
under this division for payment of the cost of any severance
payments required to be paid to employees of the agency, but
only if the total amount transferred with respect to the agency
is less than $40,000,000.
(v) For payment of the cost of any improvements of the
information management systems of the Department that are
carried out as a result of the abolishment of agencies under
this division, but only if the cost of such improvements is
less than $15,000,000.
(vi) For payment of the cost of the physical relocation of
fixtures, materials, and other resources from an agency to be
abolished under this division to the Department or of such
relocation within the Department, but only if the cost of such
relocation is less than $10,000,000.
(3) Funds in the account shall be available for the payment of
costs under paragraph (1) without fiscal year limitation.
(4) Funds in the account may be used only for purposes of paying
the costs of carrying out this title.
(f) Treatment of Unobligated Balances.--(1) Subject to paragraph
(2), unobligated funds, if any, which remain in the account after the
payment of the costs described in subsection (e)(1) shall be
transferred to the Department of State and shall be available to the
Secretary of State for purposes of carrying out the functions of the
Department.
(2) The Secretary may not transfer funds in the account to the
Department under paragraph (1) unless the appropriate congressional
committees are notified in advance of such transfer in accordance with
the procedures applicable to reprogramming notifications under section
34 of the State Department Basic Authorities Act of 1956.
(g) Report on Account.--Not later than October 1, 1998, the
Secretary of State shall transmit to the appropriate congressional
committees a report containing an accounting of--
(1) the expenditures from the account established under
this section; and
(2) in the event of any transfer of funds to the Department
of State under subsection (f), the functions for which the
funds so transferred were expended.
(h) Termination of Authority To Use Account.--The Secretary may not
obligate funds in the account after September 30, 1999.
(i) Authorization of Appropriations.--There are authorized to be
appropriated for the fiscal year 1996 $125,000,000 and for the fiscal
year 1997 $100,000,000, for deposit under subsection (c)(1)(A) into the
account established under subsection (a).
SEC. 1610. VOLUNTARY SEPARATION INCENTIVES.
(a) Authority To Pay Incentives.--The head of an agency referred to
in subsection (b) may pay voluntary incentive payments to employees of
the agency in order to avoid or minimize the need for involuntary
separations from the agency as a result of the abolition of the agency
and the consolidation of functions of the Department of State under
this title.
(b) Covered Agencies.--Subsection (a) applies to the following
agencies:
(1) The Department of State.
(2) The United States Arms Control and Disarmament Agency.
(3) The United States Information Agency.
(4) The Agency for International Development.
(c) Payment Requirements.--(1) The head of an agency shall pay
voluntary separation incentive payments in accordance with the
provisions of section 3 of the Federal Workforce Restructuring Act of
1994 (Public Law 103-226; 108 Stat. 111), except that an employee of
the agency shall be deemed to be eligible for payment of a voluntary
separation incentive payment under that section if the employee
separates from service with the agency during the period beginning on
the date of enactment of this Act and ending on September 30, 1996.
(2) The provisions of subsection (d) of such section 3 shall apply
to any employee who is paid a voluntary separation incentive payment
under this section.
(d) Funding.--The payment of voluntary separation incentive
payments under this section shall be made from funds in the Foreign
Affairs Reorganization Transition Fund established under section 1609.
The Secretary of State may transfer sums in that fund to the head of an
agency under subsection (e)(1)(B) of that section for payment of such
payments by the agency head.
(e) Termination of Authority.--The authority of the head of an
agency to authorize payment of voluntary separation incentive payments
under this section shall expire on September 30, 1996.
(f) Budget Act Compliance.--Any new spending authority (within the
meaning of section 401 of the Congressional Budget Act of 1974) which
is provided under this section shall be effective for any fiscal year
only to the extent or in such amounts as are provided in advance in
appropriations Acts.
(g) Additional Requirements for Budget Purposes.--(1) In addition
to any other payments which an agency referred to in subsection (b) is
required to make under section 4(a)(1) of the Federal Workforce
Restructuring Act of 1994 (Public Law 103-226; 108 Stat. 114; 5 U.S.C.
8331 note), each such agency shall remit to the Office of Personnel
Management for deposit in the Treasury to the credit of the Civil
Service Retirement and Disability Fund an amount equal to 9 percent of
final basic pay of each employee of the agency--
(A) who, on or after the date of the enactment of this Act,
retires under section 8336(d)(2) of title 5, United States
Code; and
(B) to whom a voluntary separation incentive payment is
paid under this section by such agency based on that
retirement.
(2) In addition to any other payments which an agency referred to
in subsection (b) is required to make under section 4(b)(1) of such Act
in fiscal years 1996, 1997, and 1998, each such agency shall remit to
the Office of Personnel Management for deposit in the Treasury to the
credit of the Civil Service Retirement and Disability Fund an amount
equal to 0.5 percent of the basic pay of each employee of the agency
who, as of March 31 of such fiscal year, is subject to subchapter III
of chapter 83 or chapter 84 of title 5, United States Code.
(3) Notwithstanding any other provision of this section, the head
of an agency referred to in subsection (b) may not pay voluntary
separation incentive payments under this section unless sufficient
funds are available in the Foreign Affairs Reorganization Transition
Fund to cover the cost of such payments and the amount of the
remittances required of the agency under paragraphs (1) and (2).
SEC. 1611. RIGHTS OF EMPLOYEES OF ABOLISHED AGENCIES.
(a) In General.--Except as otherwise provided by this title, the
transfer pursuant to this title of full-time personnel (except special
Government employees) and part-time personnel holding permanent
positions shall not cause any such employee to be separated or reduced
in grade or compensation for one year after the date of transfer of
such employee under this title.
(b) Executive Schedule Positions.--Except as otherwise provided in
this title, any person who, on the day preceding the date of the
abolition of a transferor agency under this title, held a position in
such an agency that was compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in a transferee agency to
a position having duties comparable to the duties performed immediately
preceding such appointment, shall continue to be compensated in such
new position at not less than the rate provided for such previous
position for the duration of the service of such person in such new
position.
(c) Termination of Certain Positions.--Positions whose incumbents
are appointed by the President, by and with the advice and consent of
the Senate, the functions of which are transferred or abolished under
this title, shall terminate on the date of the transferal or abolition,
as the case may be, of the functions under this title.
(d) Excepted Service.--(1) Subject to paragraph (2), in the case of
employees occupying positions in the excepted service or the Senior
Executive Service, any appointment authority established pursuant to
law or regulations of the Office of Personnel Management for filling
such positions shall be transferred.
(2) The Department of State may decline a transfer of authority
under paragraph (1) (and the employees appointed pursuant thereto) to
the extent that such authority relates to positions excepted from the
competitive service because of their confidential, policy-making,
policy-determining, or policy-advocating character, and noncareer
positions in the Senior Executive Service (within the meaning of
section 3132(a)(7) of title 5, United States Code).
(e) Senior Executive Service.--A transferring employee in the
Senior Executive Service shall be placed in a comparable position at
the Department of State.
(f) Employee Benefit Programs.--(1) Any employee accepting
employment with the Department of State as a result of a transfer under
this title may retain membership for 1 year after the date such
transfer occurs in any employee benefit program of the transferor
agency, including insurance, to which such employee belongs on the date
of the enactment of this Act if--
(A) the employee does not elect to give up the benefit or
membership in the program; and
(B) the benefit or program is continued by the Secretary of
State.
(2) The difference in the costs between the benefits which would
have been provided by such agency or entity and those provided under
this subsection shall be paid by the Secretary of State.
(3) If an employee elects to give up membership in a health
insurance program or the health insurance program is not continued by
the Secretary of State, the employee shall be permitted to select an
alternate Federal health insurance program within 30 days of such
election or notice, without regard to any other regularly scheduled
open season.
(g) Assignments.--(1) Transferring employees shall receive notice
of their position assignments not later than the date on which the
reorganization plan setting forth the transferal of such employees is
transmitted to the appropriate congressional committees under this
title.
(2) Foreign Service personnel transferred to the Department of
State pursuant to this title shall be eligible for any assignment open
to Foreign Service personnel within the Department.
SEC. 1612. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
(a) In General.--Except as otherwise provided in this title, the
personnel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds employed,
used, held, arising from, available to, or to be made available in
connection with the functions transferred under this title, subject to
section 1531 of title 31, United States Code, shall be transferred to
the transferee agency concerned.
(b) Treatment of Personnel Employed in Terminated Functions.--The
following shall apply with respect to officers and employees of a
transferor agency that are not transferred under this title:
(1) Under such regulations as the Office of Personnel
Management may prescribe, the head of any agency in the
executive branch may appoint in the competitive service any
person who is certified by the head of the transferor agency as
having served satisfactorily in the transferor agency and who
passes such examination as the Office of Personnel Management
may prescribe. Any person so appointed shall, upon completion
of the prescribed probationary period, acquire a competitive
status.
(2) The head of any agency in the executive branch having
an established merit system in the excepted service may appoint
in such service any person who is certified by the head of the
transferor agency as having served satisfactorily in the
transferor agency and who passes such examination as the head
of such agency in the executive branch may prescribe.
(3) Any appointment under this subsection shall be made
within a period of one year after completion of the appointee's
service in the transferor agency.
(4) Any law, Executive order, or regulation which would
disqualify an applicant for appointment in the competitive
service or in the excepted service concerned shall also
disqualify an applicant for appointment under this subsection.
(c) Authorized Strength of the Foreign Service.--When an agency is
abolished under this division, the limitations for fiscal years 1996
and 1997 under section 141 of this Act on the members of the Foreign
Service authorized to be employed by such agency shall be added to the
limitations under such section which apply to the Department of State.
SEC. 1613. PERSONNEL AUTHORITIES FOR TRANSFERRED FUNCTIONS.
(a) Appointments.--(1) Subject to paragraph (2), the head of a
transferee agency may appoint and fix the compensation of such officers
and employees, including investigators, attorneys, and administrative
law judges, as may be necessary to carry out the respective functions
transferred to the agency under this title. Except as otherwise
provided by law, such officers and employees shall be appointed in
accordance with the civil service laws and their compensation fixed in
accordance with title 5, United States Code.
(2) A person employed under paragraph (1) may not continue in such
employment after the end of the period (as determined by the Secretary
of State) required for the transferal of functions under this title.
(b) Experts and Consultants.--The head of a transferee agency may
obtain the services of experts and consultants in connection with
functions transferred to the agency under this title in accordance with
section 3109 of title 5, United States Code, and compensate such
experts and consultants for each day (including traveltime) at rates
not in excess of the rate of pay for level IV of the Executive Schedule
under section 5315 of such title. The head of the transferee agency may
pay experts and consultants who are serving away from their homes or
regular place of business travel expenses and per diem in lieu of
subsistence at rates authorized by sections 5702 and 5703 of such title
for persons in Government service employed intermittently.
SEC. 1614. PROPERTY AND FACILITIES.
(a) In General.--The Secretary of State shall review the property
and facilities of each transferor agency for purposes of determining if
the property is required by the Department of State in order to carry
out the functions of the Department after the transfer of functions to
the Department under this title.
(b) Deadline for Transfer.--Not later than March 1, 1997, all
property and facilities within the custody of the transferor agency
shall be transferred to the custody of the Secretary of State.
SEC. 1615. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law or otherwise
provided by this Act, the head of a transferee agency may delegate any
of the functions transferred to the head of the transferee agency under
section 1601 and any function transferred or granted to such head of
the transferee agency after the appropriate effective date specified in
section 1601 to such officers and employees of the transferee agency as
the head of the transferee agency may designate, and may authorize
successive redelegations of such functions as may be necessary or
appropriate. No delegation of functions by the head of the transferee
agency under this section or under any other provision of this title
shall relieve such head of the transferee agency of responsibility for
the administration of such functions.
SEC. 1616. RULES.
The head of a transferee agency may prescribe, in accordance with
the provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the head of the transferee agency determines
necessary or appropriate to administer and manage the functions of the
transferee agency after the transfer of functions to the agency under
this title.
SEC. 1617. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget may, at such
time or times as the Director shall provide, make such additional
incidental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with functions abolished or transferred under this title, as may be
necessary to carry out the provisions of this title. The Director shall
provide for the termination of the affairs of all entities terminated
by this title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.
SEC. 1618. EFFECT ON CONTRACTS AND GRANTS.
(a) Prohibition on New or Extended Contracts or Grants.--Except as
provided in subsection (b), the United States Arms Control and
Disarmament Agency, the United States Information Agency, and the
Agency for International Development may not--
(1) enter into a contract or agreement which will continue
in force after the date of abolition of such agency under this
division;
(2) extend the term of an existing contract or agreement of
such agency to a date after such date; or
(3) make a grant which will continue in force after such
date.
(b) Exception.--Subsection (a) does not apply to the following:
(1) Contracts and agreements for carrying out essential
administrative functions.
(2) Contracts and agreements for functions and activities
that the Secretary of State determines will be carried out by
the Department of State after the termination of the agency
concerned under this title.
(3) Grants relating to the functions and activities
referred to in paragraph (2).
(c) Evaluation and Termination of Existing Contracts.--The
Secretary of State and the head of each agency referred to in
subsection (a) shall--
(1) review the contracts of such agency that will continue
in force after the date of the abolition of the agency under
this division in order to determine if the cost of abrogating
such contracts before that date would exceed the cost of
carrying out the contract according to its terms; and
(2) in the case of each contract so determined, provide for
the termination of the contract in the most cost-effective
manner practicable.
SEC. 1619. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
title, and
(2) which are in effect at the time of the appropriate
effective date specified in section 1601, or were final before
such effective date and are to become effective on or after
such effective date,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the head of the transferee agency concerned or other
authorized official, a court of competent jurisdiction, or by operation
of law.
(b) Proceedings Not Affected.--The provisions of this title shall
not affect any proceedings, including notices of proposed rulemaking,
or any application for any license, permit, certificate, or financial
assistance pending before a transferor agency at the time this title
takes effect for the agency, with respect to functions transferred
under this title but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to such orders, as
if this title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this
subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this title had not been enacted.
(c) Suits Not Affected.--The provisions of this title shall not
affect suits commenced before the appropriate effective date specified
in section 1601, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and with the
same effect as if this title had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against a transferor agency, or by or against any
individual in the official capacity of such individual as an officer of
the transferor agency, shall abate by reason of the enactment of this
title.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by a transferor agency relating to a
function transferred under this title may be continued by the
transferee agency with the same effect as if this title had not been
enacted.
SEC. 1620. SEPARABILITY.
If a provision of this title or its application to any person or
circumstance is held invalid, neither the remainder of this title nor
the application of the provision to other persons or circumstances
shall be affected.
SEC. 1621. OTHER TRANSITION AUTHORITIES.
The head of a transferee agency may utilize--
(1) the services of such officers, employees, and other
personnel of the transferor agency with respect to functions
transferred to the transferee agency under this title; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this title.
SEC. 1622. ADDITIONAL CONFORMING AMENDMENTS.
The President may submit a report to the appropriate congressional
committees containing such recommendations for such additional
technical and conforming amendments to the laws of the United States as
may be appropriate to reflect the changes made by this division.
SEC. 1623. FINAL REPORT.
Not later than October 1, 1998, the President shall provide by
written report to the Congress a final accounting of the finances and
operations of the United States Arms Control and Disarmament Agency,
the United States Information Agency, and the Agency for International
Development, and a projection of the personnel end-strengths of the
Foreign Service and the Senior Foreign Service as of September 30,
1999.
SEC. 1624. DEFINITIONS.
For purposes of this title, unless otherwise provided or indicated
by the context--
(1) the term ``appropriate congressional committees'' means
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives;
(2) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(3) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program;
(4) the term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof;
(5) the term ``transferee agency'' means--
(A) the Department of State, with respect to
functions transferred under section 1601(a);
(B) the Broadcasting Board of Governors of the
Department of State, with respect to functions
transferred under section 1601(b);
(C) the Chief Financial Officer of the Department
of State, with respect to functions transferred under
section 1601(c); and
(D) the Inspector General for Foreign Affairs of
the Department of State, with respect to functions
transferred under section 1601(d); and
(6) the term ``transferor agency'' refers to each of the
following agencies:
(A) The United States Arms Control and Disarmament
Agency, with respect to the functions transferred under
section 1601(a)(1).
(B) The United States Information Agency (exclusive
of the Broadcasting Board of Governors), with respect
to the functions transferred under section 1601(a)(2).
(C) The Agency for International Development, a
component of the International Development Cooperation
Agency, with respect to the functions transferred under
section 1601(a)(3).
(D) The International Development Cooperation
Agency (exclusive of components expressly established
by statute or reorganization plan), with respect to the
functions transferred under section 1601(a)(3).
(E) The Broadcasting Board of Governors, with
respect to the functions transferred under section
1601(b).
(F) The Officer of the Chief Financial Officer,
Agency for International Development, with respect to
the functions transferred under section 1601(c).
(G) The Office of Inspector General, United States
Information Agency, with respect to the functions
transferred under section 1601(d)(1).
(H) The Office of Inspector General, Agency for
International Development, with respect to the
functions transferred under section 1601(d)(2).
Attest:
Secretary.
104th CONGRESS
1st Session
H. R. 1561
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