[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1561 Engrossed in House (EH)]
1st Session
H. R. 1561
_______________________________________________________________________
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 responsibly reduce the
authorizations of appropriations for United States foreign assistance
programs for fiscal years 1996 and 1997, and for other purposes.
104th CONGRESS
1st Session
H. R. 1561
_______________________________________________________________________
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 responsibly reduce the
authorizations of appropriations for United States foreign assistance
programs for fiscal years 1996 and 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Overseas Interests Act of
1995''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A--Consolidation of Foreign Affairs Agencies.
(2) Division B--Foreign Relations Authorizations.
(3) Division C--Foreign Assistance Authorizations.
(4) Division D--Additional Provisions.
(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--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
Sec. 101. Short title.
Sec. 102. Congressional findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--General Provisions
Sec. 201. Effective date.
Sec. 202. References in title.
Chapter 2--Abolition of United States Arms Control and Disarmament
Agency and Transfer of Functions to Secretary of State
Sec. 211. Abolition of United States Arms Control and Disarmament
Agency.
Sec. 212. Transfer of functions to Secretary of State.
Chapter 3--Reorganization of Department of State Relating to Functions
Transferred Under This Title
Sec. 221. Reorganization plan.
Sec. 222. Coordinator for Arms Control and Disarmament.
Chapter 4--Conforming Amendments
Sec. 241. References.
Sec. 242. Repeal of establishment of agency.
Sec. 243. Repeal of positions and offices.
Sec. 244. Transfer of authorities and functions under the Arms Control
and Disarmament Act to the Secretary of
State.
Sec. 245. Conforming amendments.
TITLE III--UNITED STATES INFORMATION AGENCY
Chapter 1--General Provisions
Sec. 301. Effective date.
Chapter 2--Abolition of United States Information Agency and Transfer
of Functions to Secretary of State
Sec. 311. Abolition of United States Information Agency.
Sec. 312. Transfer of functions to Secretary of State.
Chapter 3--Reorganization of Department of State Relating to Functions
Transferred Under This Title
Sec. 321. Reorganization plan.
Sec. 322. Principal officers.
Chapter 4--Conforming Amendments
Sec. 341. References.
Sec. 342. Abolition of Office of Inspector General of the United States
Information Agency and transfer of
functions to Office of Inspector General of
the Department of State.
Sec. 343. Amendments to title 5.
Sec. 344. Amendments to United States Information and Educational
Exchange Act of 1948.
Sec. 345. Amendments to the Mutual Educational and Cultural Exchange
Act of 1961 (Fulbright-Hays Act).
Sec. 346. International broadcasting activities.
Sec. 347. Television broadcasting to Cuba.
Sec. 348. Radio broadcasting to Cuba.
Sec. 349. National Endowment for Democracy.
Sec. 350. United States scholarship program for developing countries.
Sec. 351. Fascell Fellowship Board.
Sec. 352. National Security Education Board.
Sec. 353. Center for Cultural and Technical Interchange between North
and South.
Sec. 354. East-West Center.
Sec. 355. Mission of the Department of State.
Sec. 356. Consolidation of administrative services.
Sec. 357. Grants.
Sec. 358. Ban on domestic activities.
Sec. 359. Conforming repeal to the Arms Control and Disarmament Act.
Sec. 360. Repeal relating to procurement of legal services.
Sec. 361. Repeal relating to payment of subsistence expenses.
Sec. 362. Conforming amendment to the Seed Act.
Sec. 363. International Cultural and Trade Center Commission.
Sec. 364. Foreign Service Act of 1980.
Sec. 365. Au pair programs.
Sec. 366. Exchange program with countries in transition from
totalitarianism to democracy.
Sec. 367. Edmund S. Muskie Fellowship program.
Sec. 368. Implementation of convention on cultural property.
Sec. 369. Mike Mansfield Fellowships.
TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT
Chapter 1--General Provisions
Sec. 401. Effective date.
Sec. 402. References in title.
Chapter 2--Abolition of the Agency for International Development and
Transfer of Functions to Secretary of State
Sec. 411. Abolition of Agency for International Development and the
International Development Cooperation
Agency.
Sec. 412. Transfer of functions to Secretary of State.
Chapter 3--Reorganization of Department of State Relating to Functions
Transferred Under This Title
Sec. 421. Reorganization plan.
Sec. 422. Principal officers.
Chapter 4--Conforming Amendments
Sec. 441. References.
Sec. 442. Abolition of Office of Inspector General of the Agency for
International Development and transfer of
functions to Office of Inspector General of
the Department of State.
Sec. 443. Abolition of Chief Financial Officer of the Agency for
International Development and transfer of
functions to Chief Financial Officer
Department of State.
Sec. 444. Amendments to title 5, United States Code.
Sec. 445. Public Law 480 program.
TITLE V--TRANSITION
Sec. 501. Reorganization authority.
Sec. 502. Transfer and allocation of appropriations and personnel.
Sec. 503. Incidental transfers.
Sec. 504. Effect on personnel.
Sec. 505. Savings provisions.
Sec. 506. Property and facilities.
Sec. 507. Authority of Secretary to facilitate transition.
Sec. 508. Recommendations for additional conforming amendments.
Sec. 509. Final report.
Sec. 510. Transfer of function.
Sec. 511. Severability.
TITLE VI--REORGANIZATION OF UNITED STATES EXPORT PROMOTION AND TRADE
ACTIVITIES.
Sec. 601. Plan for reorganization of United States export promotion and
trade activities.
DIVISION B--FOREIGN RELATIONS AUTHORIZATIONS
TITLE XX--GENERAL PROVISIONS
Sec. 2001. Short title.
Sec. 2002. Definitions.
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES
Chapter 1--Authorizations of Appropriations
Sec. 2101. Administration of Foreign Affairs.
Sec. 2102. International organizations, programs, and conferences.
Sec. 2103. International commissions.
Sec. 2104. Migration and refugee assistance.
Sec. 2105. Certain other international affairs programs.
Sec. 2106. United States informational, educational, and cultural
programs.
Sec. 2107. United States arms control and disarmament.
Chapter 2--General Limitations
Sec. 2121. Prohibition on funding for abortion.
Sec. 2122. Prohibition on funding for coercive population control
methods.
TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Chapter 1--Authorities and Activities
Sec. 2201. Revision of Department of State rewards program.
Sec. 2202. Authorities of Secretary of State.
Sec. 2203. Buying power maintenance account.
Sec. 2204. Expenses relating to certain international claims and
proceedings.
Sec. 2205. Consolidation of United States diplomatic missions and
consular posts.
Sec. 2206. Denial of passports to noncustodial parents subject to State
arrest warrants in cases of nonpayment of
child support.
Sec. 2207. Capital Investment Fund.
Sec. 2208. Efficiency in procurement.
Sec. 2209. Training.
Chapter 2--Consular Authorities of the Department of State
Sec. 2231. Surcharge for processing certain machine readable visas.
Sec. 2232. Fingerprint check requirement.
Sec. 2233. Use of certain passport processing fees for enhanced
passport services.
Sec. 2234. Consular officers.
Chapter 3--Refugees and Migration
Sec. 2251. United States Emergency Refugee and Migration Assistance
Fund.
Sec. 2252. Persecution for resistance to coercive population control
methods.
Sec. 2253. Report to Congress concerning Cuban emigration policies.
Sec. 2254. United States policy regarding the involuntary return of
refugees.
Sec. 2255. Extension of certain adjudication provisions.
Sec. 2256. Vietnam POW/MIA asylum program.
Sec. 2257. Korea POW/MIA asylum program.
TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
Chapter 1--Organization of the Department of State
Sec. 2301. Coordinator for counterterrorism.
Sec. 2302. Special envoy for Tibet.
Sec. 2303. Establishment of Coordinator for Human Rights and Refugees,
Bureau of Refugee and Migration Assistance,
and Bureau of Democracy, Human Rights, and
Labor.
Sec. 2304. Elimination of statutory establishment of certain positions
of the Department of State.
Sec. 2305. Establishment of Assistant Secretary of State for Human
Resources.
Sec. 2306. Authority of United States permanent representative to the
United Nations.
Chapter 2--Personnel of the Department of State; the Foreign Service
Sec. 2351. Authorized strength of the Foreign Service.
Sec. 2352. Repeal of authority for Senior Foreign Service performance
pay.
Sec. 2353. Recovery of costs of health care services.
TITLE XXIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
Chapter 1--General Provisions
Sec. 2401. Elimination of permanent authorization.
Sec. 2402. Extension of au pair programs.
Sec. 2403. Educational and cultural exchanges with Hong Kong.
Sec. 2404. Conduct of certain educational and cultural exchange
programs in Asia.
Sec. 2405. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 2406. Availability of Voice of America and Radio Marti
multilingual computer readable text and
voice recordings.
Sec. 2407. Retention of interest.
Sec. 2408. USIA office in Pristina, Kosova.
Chapter 2--International Broadcasting
Sec. 2431. Expansion of Broadcasting Board of Governors.
Sec. 2432. Plan for Radio Free Asia.
Sec. 2433. Pilot project for freedom broadcasting to Asia.
TITLE XXV--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Chapter 1--General Provisions
Sec. 2501. International Boundary and Water Commission.
Sec. 2502. Repeal of authority for participation by the United States
in the Interparaliamentary Union.
Chapter 2--United Nations and Affiliated Agencies and Organizations
Sec. 2521. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 2522. Limitation on contributions to the United Nations or United
Nations affiliated organizations.
Sec. 2523. Report on UNICEF.
Sec. 2524. United Nations budgetary and management reform.
TITLE XXVI--FOREIGN POLICY PROVISIONS
Chapter 1--Miscellaneous Foreign Policy Provisions
Sec. 2601. Taiwan Relations Act.
Sec. 2602. Bosnia Genocide Justice Act.
Sec. 2603. Expansion of Commission on Security and Cooperation in
Europe.
Sec. 2604. Repeal of termination of provisions of the Nuclear
Proliferation Prevention Act of 1994.
Sec. 2605. Annual assessment.
Sec. 2606. Verification of Missile Technology Control Regime.
Sec. 2607. Bosnia and Herzegovina Self-Defense Act.
Chapter 2--Relating to the United States-North Korea Agreed Framework
and the Obligations of North Korea Under That and Previous Agreements
With Respect to the Denuclearization of the Korean Peninsula and
Dialogue With the Republic of Korea
Sec. 2641. Findings.
Sec. 2642. Clarification of nuclear nonproliferation obligations of
North Korea under the Agreed Framework.
Sec. 2643. Role of the Republic of Korea under the Agreed Framework.
Sec. 2644. Further steps to promote United States security and
political interests with respect to North
Korea.
Sec. 2645. Restrictions on assistance to North Korea and the Korean
Peninsula Energy Development Organization.
Chapter 3--Burma
Sec. 2651. United States policy concerning the dictatorship in Burma.
Chapter 4--Torture
Sec. 2661. Definitions.
Sec. 2662. United States policy with respect to the involuntary return
of persons subjected to torture.
TITLE XXVII--CONGRESSIONAL STATEMENTS
Sec. 2701. Inter-American organizations.
Sec. 2702. Territorial integrity of Bosnia and Herzegovina.
Sec. 2703. The Laogai system of political prisons.
Sec. 2704. Concerning the use of funds to further normalize relations
with Vietnam.
Sec. 2705. Declaration of Congress regarding United States Government
human rights policy toward China.
Sec. 2706. Concerning the United Nations Voluntary Fund for Victims of
Torture.
Sec. 2707. Recommendations of the President for reform of war powers
resolution.
Sec. 2708. Conflict in Kashmir.
Sec. 2709. United States relations with the Former Yugoslav Republic of
Macedonia (FYROM).
Sec. 2710. Sense of the Congress relating to Indonesia.
Sec. 2711. Displaced persons.
Sec. 2712. Policy toward Iran.
Sec. 2713. Conflict in Chechnya.
Sec. 2714. United States delegation to the Fourth World Conference on
Women in Beijing.
Sec. 2715. Female genital mutilation.
Sec. 2716. Sense of the Congress regarding Syrian occupation of
Lebanon.
DIVISION C--FOREIGN ASSISTANCE AUTHORIZATIONS
Sec. 3001. Short title.
Sec. 3002. Declaration of policy.
TITLE XXXI--DEFENSE AND SECURITY ASSISTANCE
subchapter a--foreign military financing program
Sec. 3101. Authorization of appropriations.
Sec. 3102. Administrative expenses.
Sec. 3103. Assistance for Israel.
Sec. 3104. Assistance for Egypt.
Sec. 3105. Loans for Greece and Turkey.
Sec. 3106. Terms of loans.
Sec. 3107. Nonrepayment of grant assistance.
Sec. 3108. Additionalsubchapter b--other assistance
Sec. 3121. Defense drawdown special authorities.
Sec. 3122. Stockpiles of defense articles.
Sec. 3123. Transfer of excess defense articles.
Sec. 3124. Nonlethal excess defense articles for Albania.
Chapter 2--International Military Education and Training
Sec. 3141. Authorization of appropriations.
Sec. 3142. Assistance for Indonesia.
Sec. 3143. Additional requirements.
Chapter 3--Antiterrorism Assistance
Sec. 3151. Authorization of appropriations.
Sec. 3152. Antiterrorism training assistance.
Sec. 3153. Research and development expenses.
Chapter 4--Narcotics Control Assistance
Sec. 3161. Authorization of appropriations.
Sec. 3162. Additional requirements.
Sec. 3163. Notification requirement.
Sec. 3164. Waiver of restrictions for narcotics-related economic
assistance.
Chapter 5--Nonproliferation and Disarmament Fund
Sec. 3171. Nonproliferation and Disarmament Fund.
Chapter 6--Other Provisions
Sec. 3181. Standardization of congressional review procedures for arms
transfers.
Sec. 3182. Standardization of third country transfers of defense
articles.
Sec. 3183. Increased standardization, rationalization, and
interoperability of assistance and sales
programs.
Sec. 3184. Repeal of price and availability reporting requirement
relating to proposed sale of defense
articles and services.
Sec. 3185. Definition of significant military equipment.
Sec. 3186. Requirements relating to the Special Defense Acquisition
Fund.
Sec. 3187. Cost of leased defense articles that have been lost or
destroyed.
Sec. 3188. Designation of major non-NATO allies.
Sec. 3189. Certification thresholds.
Sec. 3190. Competitive pricing for sales of defense articles and
services.
Sec. 3191. Depleted uranium ammunition.
Sec. 3192. End-use monitoring of defense articles and defense services.
Sec. 3193. Brokering activities relating to commercial sales of defense
articles and services.
Sec. 3194. Return and exchanges of defense articles previously
transferred pursuant to the Arms Export
Control Act.
Sec. 3195. Annual military assistance report.
TITLE XXXII--ECONOMIC ASSISTANCE
Chapter 1--Economic Support Assistance
Sec. 3201. Economic support fund.
Sec. 3202. Assistance for Israel.
Sec. 3203. Assistance for Egypt.
Sec. 3204. International Fund for Ireland.
Sec. 3205. Law enforcement assistance.
Chapter 2--Assistance for Private Sector Programs and Activities
Sec. 3211. Private sector Enterprise Funds.
Sec. 3212. Central Asian Enterprise Fund.
Sec. 3213. Micro- and small enterprise development credits.
Sec. 3214. Microenterprise development grant assistance.
subchapter a--development assistance authorities
Sec. 3221. Authorizations of appropriations.
Sec. 3222. Child survival activities, Vitamin A Deficiency Program, and
related activities.
Sec. 3223. Assistance for family planning.
Sec. 3224. Assistance for the independent states of the former Soviet
Union.
Sec. 3225. Development Fund for Latin America and the Caribbean.
Sec. 3226. Effectiveness of United States development assistance.
Sec. 3227. Funding for private and voluntary organizations and
cooperatives.
Sec. 3228. Sense of the Congress relating to United States cooperatives
subchapter b--operating expenses
Sec. 3231. Operating expenses generally.
Sec. 3232. Operating expenses of the office of the inspector general.
Chapter 4--Public Law 480
Sec. 3241. Levels of assistance for title II.
Sec. 3242. Authorization of appropriations for title III.
Chapter 5--Housing Guarantee Program
Sec. 3251. Authorization of appropriations for administrative expenses.
Sec. 3252. Additional requirements.
Chapter 6--Peace Corps
Sec. 3261. Peace Corps.
Sec. 3262. Activities of the Peace Corps in the former Soviet Union.
Sec. 3263. Prohibition on use of funds for abortions.
Chapter 7--International Disaster Assistance
Sec. 3271. Authority to provide reconstruction assistance.
Sec. 3272. Authorizations of appropriations.
Chapter 8--Overseas Private Investment Corporation.
Sec. 3275. Study on OPIC privatization.
Sec. 3276. Privatization of OPIC activities.
Chapter 9--Other Provisions
Sec. 3281. Exemption from restrictions on assistance through
nongovernmental organizations.
Sec. 3282. Funding requirements relating to United States private and
voluntary organizations.
Sec. 3283. Documentation requested of private and voluntary
organizations.
Sec. 3284. Foreign government parking fines.
Sec. 3285. Human rights reports.
Sec. 3286. Deobligation of certain unexpended economic assistance
funds.
TITLE XXXIII--REGIONAL PROVISIONS
Sec. 3301. Prohibition on assistance to foreign governments providing
assistance to Cuba.
Sec. 3302. Assistance for Nicaragua.
Sec. 3303. Sense of the Congress regarding relations with Burma.
Sec. 3304. Debt restructuring for Egypt.
Sec. 3305. Prohibition on assistance to foreign governments providing
assistance to Iran.
Sec. 3306. Assistance for Pakistan.
Sec. 3307. Return of military equipment of Pakistan.
Sec. 3308. Eligibility of Panama under Arms Export Control Act.
Sec. 3309. Future of the United States military presence in Panama.
Sec. 3310. Peace and stability in the South China Sea.
Sec. 3311. Sense of the Congress regarding narcotics control efforts of
Colombia.
Sec. 3312. Notification of arms sales to Saudi Arabia.
Sec. 3313. Assistance for Zaire.
Sec. 3314. Assistance for Laos.
Sec. 3315. Restrictions on assistance for Guatemala.
Sec. 3316. Prohibition on economic assistance, military assistance or
arms transfers to the government of
Mauritania unless appropriate action is
taken to eliminate chattel slavery.
TITLE XXXIV--SPECIAL AUTHORITIES AND OTHER PROVISIONS
Chapter 1--Special Authorities
Sec. 3401. Enhanced transfer authority.
Sec. 3402. Authority to meet unanticipated contingencies.
Sec. 3403. Special waiver authority.
Sec. 3404. Termination of assistance.
Chapter 2--Other Provisions
Sec. 3411. Congressional presentation documents.
Sec. 3412. Debt restructuring for foreign assistance.
Sec. 3413. Debt buybacks or sales for debt swaps.
Sec. 3414. Impact on jobs in the United States.
Sec. 3415. Prohibition on assistance to foreign governments that export
lethal military equipment to countries
supporting international terrorism.
Sec. 3416. Prohibition on assistance to countries that consistently
oppose the United States position in the
United Nations General Assembly.
Sec. 3417. Limitation on assistance to countries that restrict the
transport or delivery of United States
humanitarian assistance.
Sec. 3418. Prohibition on assistance to foreign governments, private
and voluntary organizations, and other
entities that inhibit United States-
supported demining operations and
activities.
Sec. 3419. Prohibition on foreign assistance to foreign governments not
implementing extradition treaties.
Sec. 3420. Limitation on procurement outside the United States.
Chapter 3--Foreign Aid Reporting Reform Act of 1995
Sec. 3421. Short title.
Sec. 3422. Annual foreign assistance justification report.
Sec. 3423. Definition of foreign assistance programs.
Chapter 4--Repeals
Sec. 3431. Repeal of obsolete provisions.
TITLE XXXV--EFFECTIVE DATE
Sec. 3501. Effective date.
DIVISION D--ADDITIONAL PROVISIONS
TITLE XLI--PUBLIC LAW 480
Sec. 4101. Authorization of appropriations for title III.
TITLE XLII--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Sec. 4201. Authorization of appropriations.
TITLE XLIII--FOREIGN BUILDINGS
Sec. 4301. Authorization of appropriations.
TITLE XLIV--FOREIGN ASSISTANCE
Sec. 4401. Authorization of appropriations.
TITLE XLV--UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
Sec. 4501. Authorization of appropriations.
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Foreign Affairs Agencies
Consolidation Act of 1995''.
SEC. 102. CONGRESSIONAL FINDINGS.
The Congress makes the following findings:
(1) With the end of the Cold War, the international
challenges facing the United States have changed, but the
fundamental national interests of the United States have not.
The security, economic, and humanitarian interests of the
United States require continued American engagement in
international affairs. The leading role of the United States in
world affairs will be as important in the twenty-first century
as it has been in the twentieth.
(2) The United States budget deficit requires that the
foreign as well as the domestic programs and activities of the
United States be carefully reviewed for potential savings.
Wherever possible, foreign programs and activities must be
streamlined, managed more efficiently, and adapted to the
requirements of the post-Cold War era.
(3) In order to downsize the foreign programs and
activities of the United States without jeopardizing United
States interests, strong and effective leadership will be
required. As the official principally responsible for the
conduct of foreign policy, the Secretary of State must have the
authority to allocate efficiently the resources within the
international affairs budget. As a first step in the downsizing
process, the proliferation of foreign affairs agencies that
occurred during the Cold War must be reversed, and the
functions of these agencies must be restored to the Secretary
of State.
(4) A streamlined and reorganized foreign affairs structure
under the strengthened leadership of the Secretary of State can
more effectively promote the international interests of the
United States in the next century than the existing structure.
SEC. 103. PURPOSES.
The purposes of this division are--
(1) to consolidate and reinvent foreign affairs agencies of
the United States within the Department of State;
(2) to provide for the reorganization of the Department of
State to maximize the efficient use of resources, eliminate
redundancy in functions, effect budget savings, and improve the
management of the State Department;
(3) to strengthen--
(A) the coordination of United States foreign
policy; and
(B) the leading role of the Secretary of State in
the formulation and articulation of United States
foreign policy; and
(4) to abolish, not later than March 1, 1997, the United
States Arms Control and Disarmament Agency, the United States
Information Agency, the International Development Cooperation
Agency, and the Agency for International Development.
SEC. 104. DEFINITIONS.
The following terms have the following meaning for the purposes of
this division:
(1) The term ``AID'' means the Agency for International
Development.
(2) The term ``ACDA'' means the United States Arms Control
and Disarmament Agency.
(3) The term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee of Foreign Relations of the
Senate.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code.
(6) The term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(7) The term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
(8) The term ``Secretary'' means the Secretary of State.
(9) The term ``USIA'' means the United States Information
Agency.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 201. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title,
and the amendments made by this title, shall take effect--
(1) March 1, 1997; or
(2) on such earlier date as the President shall determine
to be appropriate and announce by notice published in the
Federal Register, which date may be not earlier than 60
calendar days (excluding any day on which either House of
Congress is not in session because of an adjournment sine die)
after the President has submitted a reorganization plan to the
appropriate congressional committees pursuant to section 221.
(b) Reorganization Plan.--Section 221 shall take effect on the date
of enactment of this Act.
SEC. 202. REFERENCES IN TITLE.
Except as specifically provided in this title, whenever in this
title an amendment or repeal is expressed in terms of an amendment to,
or repeal of, a provision, the reference shall be considered to be made
to a provision of the Arms Control and Disarmament Act.
CHAPTER 2--ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY AND TRANSFER OF FUNCTIONS TO SECRETARY OF STATE
SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY.
The United States Arms Control and Disarmament Agency is abolished.
SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.
There are transferred to the Secretary of State all functions of
the Director of the United States Arms Control and Disarmament Agency
and all functions of the United States Arms Control and Disarmament
Agency and any officer or component of such agency under any statute,
reorganization plan, Executive order, or other provision of law before
the effective date of this title, except as otherwise provided in this
title.
CHAPTER 3--REORGANIZATION OF DEPARTMENT OF STATE RELATING TO FUNCTIONS
TRANSFERRED UNDER THIS TITLE
SEC. 221. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than March 1, 1996, the
President, in consultation with the Secretary and the Director of the
Arms Control and Disarmament Agency, shall transmit to the appropriate
congressional committees a reorganization plan providing for--
(1) the abolition of the 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 consistent with the provisions of this title; 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;
(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 eliminated 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 eliminated 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
as a result of the transfer of functions of the Agency to the
Department;
(6) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the transfer
of functions under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of the Agency in connection with the transfer of
the functions of the Agency to the Department.
(c) Assistant Secretary Positions.--The plan under subsection (a)
shall provide for an appropriate number of Assistant Secretaries of
State to carry out the functions transferred to the Department under
this title.
SEC. 222. COORDINATOR FOR ARMS CONTROL AND DISARMAMENT.
(a) Establishment of Coordinator for Arms Control and
Disarmament.--Section 1(e) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(e)) is amended by adding after paragraph
(4) the following new paragraph:
``(5) Coordinator for arms control and disarmament.--
``(A) There shall be within the office of the
Secretary of State a Coordinator for Arms Control and
Disarmament (hereafter in this paragraph referred to as
the `Coordinator' who shall be appointed by the
President, by and with the
advice and consent of the Senate. The Coordinator
shall report directly to the Secretary of State.
``(B)(i) The Coordinator shall perform such duties
and exercise such power as the Secretary of State shall
prescribe.
``(ii) The Coordinator shall be responsible for
arms control and disarmament matters. The Coordinator
shall head the Bureau of Arms Control and Disarmament.
``(C) The Coordinator shall have the rank and
status of Ambassador-at-Large. The Coordinator shall be
compensated at the annual rate of basic pay in effect
for a position at level IV of the Executive Schedule
under section 5314 of title 5, United States Code, or,
if the Coordinator is appointed from the Foreign
Service, the annual rate of pay which the individual
last received under the Foreign Service Schedule,
whichever is greater.''.
(b) Participation in Meetings of National Security Council.--
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is
amended by adding at the end the following new subsection:
``(i) The Coordinator for Arms Control and Disarmament may, in the
role of advisor to the National Security Council on arms control and
disarmament matters, and subject to the direction of the President,
attend and participate in meetings of the National Security Council.''.
(c) Transition Provision.--The President may appoint the individual
serving as Director of the Arms Control and Disarmament Agency on the
day before the effective date of this title, or such other officials
appointed by and with the advice and consent of the Senate and serving
within the Department of State or the Arms Control and Disarmament
Agency on the day before the effective date of this title as the
President considers appropriate, to serve as the acting Coordinator for
Arms Control and Disarmament until an individual is appointed to that
office in accordance with section 1(e)(5) of the State Department Basic
Authorities Act of 1956, as amended by this Act.
CHAPTER 4--CONFORMING AMENDMENTS
SEC. 241. REFERENCES.
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 Arms Control and
Disarmament Agency or any other officer or employee of the
United States Arms Control and Disarmament Agency shall be
deemed to refer to the Secretary of State; and
(2) the United States Arms Control and Disarmament Agency
shall be deemed to refer to the Department of State.
SEC. 242. REPEAL OF ESTABLISHMENT OF AGENCY.
Section 21 of the Arms Control and Disarmament Act (22 U.S.C. 2561;
relating to the establishment of the agency) is repealed.
SEC. 243. REPEAL OF POSITIONS AND OFFICES.
The following sections of the Arms Control and Disarmament Act 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).
(5) Section 50 (22 U.S.C 2593; relating to the ACDA
Inspector General).
SEC. 244. TRANSFER OF AUTHORITIES AND FUNCTIONS UNDER THE ARMS CONTROL
AND DISARMAMENT ACT TO THE SECRETARY OF STATE.
(a) In General.--The Arms Control and Disarmament Act (22 U.S.C.
2551 et seq.) is amended--
(1) by striking ``Agency'' each place it appears and
inserting ``Department''; and
(2) by striking ``Director'' each place it appears and
inserting ``Secretary''.
(b) Purpose.--Section 2 (22 U.S.C. 2551) is repealed.
(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) Security Requirements.--Section 45 (22 U.S.C. 2585) is amended
by striking subsections (a), (b), and (d).
(l) Use of Funds.--Section 48 (22 U.S.C. 2588) is repealed.
(m) Annual Report.--Section 51(a) (22 U.S.C. 2593a(a)) is amended
by striking ``the Secretary of State,''.
(n) Requirement for Authorization of Appropriations.--Section 53
(22 U.S.C. 2593c) is repealed.
(o) 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'' and inserting ``Department of
State''; and
(2) in paragraph (7), by striking ``the United States Arms
Control and Disarmament Agency and''.
SEC. 245. CONFORMING AMENDMENTS.
(a) Arms Export Control Act.--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, whenever
the Secretary'';
(4) in section 71(a) (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) (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) (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) (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) (22 U.S.C. 2797(d)), by striking
``Director of the United States Arms Control and Disarmament
Agency'' and inserting ``Secretary of State''.
(b) United States Institute of Peace Act.--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.--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 after 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.--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.--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.''; and
(3) in section 5315, by striking ``Assistant Directors,
United States Arms Control and Disarmament Agency (4).''.
TITLE III--UNITED STATES INFORMATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 301. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title,
and the amendments made by this title, shall take effect--
(1) March 1, 1997; or
(2) on such earlier date as the President shall determine
to be appropriate and announce by notice published in the
Federal Register, which date may be not earlier than 60
calendar days (excluding any day on which either House of
Congress is not in session because of an adjournment sine die)
after the President has submitted a reorganization plan to the
appropriate congressional committees pursuant to section 321.
(b) Reorganization Plan.--Section 321 shall take effect on the date
of enactment of this Act.
CHAPTER 2--ABOLITION OF UNITED STATES INFORMATION AGENCY AND TRANSFER
OF FUNCTIONS TO SECRETARY OF STATE
SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.
The United States Information Agency is abolished.
SEC. 312. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.
There are transferred to the Secretary of State all functions of
the Director of the United States Information Agency and all functions
of the United States Information Agency and any officer or component of
such agency under any statute, reorganization plan, Executive order, or
other provision of law before the effective date of this title, except
as otherwise provided in this title.
CHAPTER 3--REORGANIZATION OF DEPARTMENT OF STATE RELATING TO FUNCTIONS
TRANSFERRED UNDER THIS TITLE
SEC. 321. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than March 1, 1996, the
President, in consultation with the Secretary and the Director of the
United States Information Agency, 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
consistent with the provisions of this title; 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 United States Information
Agency that will be transferred to the Department 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 eliminated 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 eliminated 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
as a result of the transfer of functions of the Agency to the
Department;
(6) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the transfer
of functions under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of the Agency in connection with the transfer of
the functions of the Agency to the Department.
(c) Assistant Secretary Positions.--The plan under subsection (a)
shall provide for an appropriate number of Assistant Secretaries of
State to carry out the functions transferred to the Department under
this title.
SEC. 322. PRINCIPAL OFFICERS.
(a) Under Secretary of State for Public Diplomacy.--
(1) Establishment.--Section 1(b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(b) is amended--
(A) by striking ``There'' and inserting the
following:
``(1) In general.--There''; and
(B) by adding at the end the following:
``(2) Under secretary for public diplomacy.--There shall be
in the Department of State an Under Secretary for Public
Diplomacy who shall have responsibility to assist the Secretary
and the Deputy Secretary in the formation and implementation of
United States public diplomacy policies and activities,
including international educational and cultural exchange
programs, information, and international broadcasting.''.
(2) Transition provision.--The President may appoint the
individual serving as Director of the United States Information
Agency on the day before the effective date of this title, or
such other official appointed by and with the advice and
consent of the Senate and serving within the Department of
State or the United States Information Agency as the President
considers appropriate, to serve as the acting Under Secretary
for Public Diplomacy until an individual is appointed to that
office in accordance with section (1)(b)(1) of the State
Department Basic Authorities Act of 1956, as amended by this
Act.
(b) Assistant Secretaries.--
(1) Establishment.--Section 1(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended
by adding after paragraph (2) the following:
``(3) Assistant secretary for academic programs and
cultural exchanges.--There shall be in the Department of State
an Assistant Secretary for Academic Programs and Cultural
Exchanges who shall report to the Under Secretary for Public
Diplomacy.
``(4) Assistant secretary for information, policy, and
programs.--There shall be in the Department of State an
Assistant Secretary for Information, Policy, and Programs who
shall report to the Under Secretary for Public Diplomacy.''.
(2) Transition provision.--The President may appoint such
officials appointed by and with the advice and consent of the
Senate and serving within the Department of State or the United
States Information Agency as the President considers
appropriate to serve as the acting Assistant Secretary for
Academic Programs and Cultural Exchanges and to serve as the
acting Assistant Secretary for Information, Policy, and
Programs until individuals are appointed to those offices in
accordance with section 1(c)(1) of the State Department Basic
Authorities Act of 1956, as amended by this Act.
CHAPTER 4--CONFORMING AMENDMENTS
SEC. 341. REFERENCES.
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,
the Director of the International Communication Agency, or any
other officer or employee of the United States Information
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. 342. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF THE UNITED STATES
INFORMATION AGENCY AND TRANSFER OF FUNCTIONS TO OFFICE OF
INSPECTOR GENERAL OF THE DEPARTMENT OF STATE.
(a) Abolition of Office of Inspector General of the USIA.--
(1) The Office of Inspector General of the United States
Information Agency is abolished.
(2) Section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) in paragraph (1) by striking ``, the Office of
Personnel Management or the United States Information
Agency'' and inserting ``or the Office of Personnel
Management''; and
(B) in paragraph (2) by striking ``the United
States Information Agency,''.
(3) Section 5315 of title 5, United States Code, is amended
by striking the following:
``Inspector General, United States Information Agency.''.
(b) Functions of Office of Inspector General of the United States
Information Agency Transferred to Office of Inspector General of the
Department of State.--There are transferred to the Office of the
Inspector General of the Department of State the functions that the
Office of Inspector General of the United States Information Agency
exercised before the effective date of this title (including all
related functions of the Inspector General of the United States
Information Agency).
(c) Transfer and Allocations of Appropriations and Personnel.--The
Director of the Office of Management and Budget, in consultation with
the Secretary of State, is authorized to make such 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 such
functions, as may be necessary to carry out the provisions of this
section.
SEC. 343. 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. 344. AMENDMENTS TO UNITED STATES INFORMATION AND EDUCATIONAL
EXCHANGE ACT OF 1948.
(a) In General.--Except as otherwise provided in this section, the
United States Information and Educational Exchange Act of 1948 (22
U.S.C. 1431 et seq.) 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''.
(b) Satellite and Television Broadcasts.--Section 505 of the United
States Information and Educational Exchange Act of 1948 (22 U.S.C.
1464a) is amended--
(1) by striking ``Director of the United States Information
Agency'' each of the 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).
(c) United States Advisory Commission on 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)--
(A) in the first sentence by striking ``the
Secretary of State, and the Director of the United
States Information Agency'' and inserting ``and the
Secretary of State'';
(B) in the first sentence by striking ``by the
Agency'' and inserting ``by the 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. 345. AMENDMENTS TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE
ACT OF 1961 (FULBRIGHT-HAYS ACT).
(a) In General.--The Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2451 et seq.) is amended by striking ``Director of
the International Communication Agency'' and ``Director'' each place
either term appears and inserting ``Secretary of State''.
(b) Repeal of Defunct Advisory Commissions.--Section 106 of such
Act (22 U.S.C. 2456) is amended by striking subsection (c).
(c) Bureau of Educational and Cultural Affairs.--Section 112 of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460)
is amended--
(1) by striking the first sentence of subsection (a);
(2) by striking ``Bureau'' each place it appears and
inserting ``Department of State''; and
(3) by striking subsection (e).
SEC. 346. INTERNATIONAL BROADCASTING ACTIVITIES.
(a) In General.--Title III of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) in section 305(b)(1), by striking ``Agency's'' and
inserting ``Department's'';
(2) in section 306, by striking ``, acting through the
Director of the United States Information Agency,'' and
inserting ``, acting through the Under Secretary of State for
Public Diplomacy,'';
(3) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State'';
(4) by striking all references to ``United States
Information Agency'' that were not stricken in paragraph (3)
and inserting ``Department of State'';
(5) by striking ``Bureau'' each place it appears and
inserting ``Office''; and
(6) in section 305(a)(1), by striking ``title,'' and
inserting ``title (including activities of the Voice of America
previously carried out by the United States Information
Agency),''.
(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. 347. 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 part 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. 348. 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')''; and
(3) 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(a) of such Act (22
U.S.C. 1465f(a)) is amended in the second sentence by striking ``United
States Information Agency'' and inserting ``Department of State''.
SEC. 349. 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. 350. 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 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. 351. FASCELL FELLOWSHIP BOARD.
Section 1003(b) of the Fascell Fellowship Act (22 U.S.C. 4902(b))
is amended--
(1) in the text above paragraph (1), by striking ``9
members'' and inserting ``8 members'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
SEC. 352. 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 paragraphs (7) and (8) as
paragraphs (6) and (7); and
(2) in subsection (c), by striking ``subsection (b)(7)''
and inserting ``subsection (b)(6)''.
SEC. 353. 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. 354. EAST-WEST CENTER.
(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. 355. 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
International Communication 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 ``International Communication 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. 356. CONSOLIDATION OF ADMINISTRATIVE SERVICES.
Section 23(a) 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. 357. 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 paragraphs (2) and (3)--
(i) by striking ``United States Information
Agency'' and inserting ``Department of State'';
and
(ii) by striking ``Agency'' each of the
places it appears and inserting ``Department'';
and
(4) by striking subsection (d).
SEC. 358. 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 its international
information, educational, and cultural activities'' before
``shall be distributed''.
SEC. 359. 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. 360. 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. 361. 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. 362. 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. 363. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION.
Section 7(c) of the Federal Triangle Development Act (40 U.S.C.
1106(c)) 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. 364. FOREIGN SERVICE ACT OF 1980.
(a) Other Agencies Utilizing Service.--Section 202(a) of the
Foreign Service Act of 1980 (22 U.S.C. 3922(a)) is amended by striking
paragraph (1).
(b) Board of the Foreign Service.--Section 210 of such Act (22
U.S.C. 3930) is amended by striking ``the United States Information
Agency, the United States International Development Cooperation
Agency,''.
SEC. 365. AU PAIR PROGRAMS.
Section 8 of the Eisenhower Exchange Fellowship Act of 1990 (Public
Law 101-454) is amended by striking ``Director of the United States
Information Agency'' and inserting ``Secretary of State''.
SEC. 366. 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. 367. 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) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State''; and
(2) by striking subsection (d).
SEC. 368. 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. 369. MIKE MANSFIELD FELLOWSHIPS.
Section 252(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 6101(a)) is amended by striking
``Director of the United States Information Agency'' and inserting
``Secretary of State''.
TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1--GENERAL PROVISIONS
SEC. 401. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title,
and the amendments made by this title, shall take effect--
(1) on March 1, 1997; or
(2) on such earlier date as the President shall determine
to be appropriate and announce by notice published in the
Federal Register, which date may be not earlier than 60
calendar days (excluding any day on which either House of
Congress is not in session because of an adjournment sine die)
after the President has submitted a reorganization plan to the
appropriate congressional committees pursuant to section 421.
(b) Reorganization Plan.--Section 421 shall take effect on the date
of enactment of this Act.
SEC. 402. REFERENCES IN TITLE.
Except as specifically provided in this title, whenever in this
title an amendment or repeal is expressed in terms of an amendment to,
or repeal of, a provision, the reference shall be considered to be made
to a provision of the Foreign Assistance Act of 1961.
CHAPTER 2--ABOLITION OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT AND
TRANSFER OF FUNCTIONS TO SECRETARY OF STATE
SEC. 411. ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND THE
INTERNATIONAL DEVELOPMENT COOPERATION AGENCY.
The Agency for International Development and the International
Development Cooperation Agency are abolished.
SEC. 412. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.
There are transferred to the Secretary of State all functions of
the Administrator of the Agency for International Development and the
Director of the International Development Cooperation Agency and all
functions of the Agency for International Development and the
International Development Cooperation Agency and any officer or
component of such agencies under any statute, reorganization plan,
Executive order, or other provision of law before the effective date of
this title, except as otherwise provided in this title.
CHAPTER 3--REORGANIZATION OF DEPARTMENT OF STATE RELATING TO FUNCTIONS
TRANSFERRED UNDER THIS TITLE
SEC. 421. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than March 1, 1996, the
President, in consultation with the Secretary and the Administrator of
the Agency for International Development, 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 consistent with the provisions of this title; 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 Agency for International
Development that will be transferred to the Department 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 eliminated 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 eliminated 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 transfer of
functions of the Agency to the Department;
(6) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the transfer
of functions under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of the Agency in connection with the transfer of
the functions of the Agency to the Department.
(c) Assistant Secretary Positions.--The plan under subsection (a)
shall provide for an appropriate number of Assistant Secretaries of
State to carry out the functions transferred to the Department under
this title.
SEC. 422. PRINCIPAL OFFICERS.
(a) Under Secretary of State for Development and Economic
Affairs.--
(1) Establishment.--Section 1(b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended
by adding after paragraph (2) the following new paragraph:
``(3) Under secretary for development and economic
affairs.--There shall be in the Department of State an Under
Secretary for Development and Economic Affairs who shall assist
the Secretary and the Deputy Secretary in the formation and
implementation of United States policies and activities
concerning international development and economic affairs.''.
(b) Transition Provision.--The President may appoint the individual
serving as Administrator of the Agency for International Development on
the day before the effective date of this title, or such other official
appointed by and with the advice and consent of the Senate and serving
within the Department of State or the Agency for International
Development as the President considers appropriate, to serve as the
acting Under Secretary for Development and Economic Affairs until an
individual is appointed to that office in accordance with section
1(b)(1) of the State Department Basic Authorities Act of 1956, as
amended by this Act.
CHAPTER 4--CONFORMING AMENDMENTS
SEC. 441. REFERENCES.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the Administrator of the Agency for International
Development, or any other officer or employee of the Agency for
International Development shall be deemed to refer to the
Secretary of State;
(2) the Director or any other officer or employee of the
International Development Cooperation Agency (IDCA) shall be
deemed to refer to the Secretary of State; or
(3) the Agency for International Development, AID, the
agency primarily responsible for administering part I of the
Foreign Assistance Act of 1961, or the International
Development Cooperation Agency (IDCA) shall be deemed to refer
to the Department of State.
SEC. 442. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT AND TRANSFER OF FUNCTIONS TO
OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF STATE.
(a) Abolition of Office of Inspector General of the Agency for
International Development.--The Office of Inspector General of the
Agency for International Development is abolished.
(b) Amendments to the Inspector General Act of 1978.--The Inspector
General Act of 1978 (5 U.S.C. App.) is amended as follows:
(1) Section 8A is repealed.
(2) Section 11(1) is amended by striking ``the
Administrator of the Agency for International Development,''.
(3) Section 11(2) is amended by striking ``the Agency for
International Development,''.
(c) Amendments to Title 5, United States Code.--Section 5315 of
title 5, United States Code, is amended by striking the following:
``Inspector General, Agency for International Development.''.
(d) Functions of Office of Inspector General of the Agency for
International Development Transferred to Office of Inspector General of
the Department of State.--There are transferred to the Office of
Inspector General of the Department of State the functions that the
Office of Inspector General of the Agency for International Development
exercised before the effective date of this title (including all
related functions of the Inspector General of the Agency for
International Development).
(e) Transfer and Allocations of Appropriations and Personnel.--The
Inspector General of the Department of State, is authorized to make
such 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 such functions, as may be necessary to carry out the provisions of
this section.
SEC. 443. ABOLITION OF CHIEF FINANCIAL OFFICER OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT AND TRANSFER OF FUNCTIONS TO
CHIEF FINANCIAL OFFICER DEPARTMENT OF STATE.
(a) Abolition of Office of Chief Financial Officer of the Agency
for International Development.--The Office of Chief Financial Officer
of the Agency for International Development is abolished.
(b) Amendment to Title 31, United States Code.--Section 901(b)(2)
of title 31, United States Code, is amended by striking subparagraph
(A).
(c) Functions of Office of Chief Financial Officer of the Agency
for International Development Transferred to Office of Chief Financial
Officer of the Department of State.--There are transferred to the
Office of Chief Financial Officer of the Department of State the
functions that the Office of Chief Financial Officer of the Agency for
International Development exercised before the effective date of this
title (including all related functions of the Chief Financial Officer
of the Agency for International Development).
(d) Transfer and Allocations of Appropriations and Personnel.--The
Director of the Office of Management and Budget, in consultation with
the Secretary of State, is authorized to make such 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 such
functions, as may be necessary to carry out the provisions of this
section.
SEC. 444. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Administrator, Agency
for International Development.'';
(2) in section 5314, by striking ``Deputy Administrator,
Agency for International Development.'';
(3) in section 5315--
(A) by striking ``Assistant Administrators, Agency
for International Development (6).''; and
(B) by striking ``Regional Assistant
Administrators, Agency for International Development
(4).''; and
(4) in section 5316 by striking ``General Counsel of the
Agency for International Development.''.
SEC. 445. PUBLIC LAW 480 PROGRAM.
The Agricultural Trade Development and Assistance Act of 1954
(Public Law 83-480; 7 U.S.C. 1691 et seq.) is amended by striking
``Administrator'' each place it appears and inserting ``Under Secretary
of State for Development and Economic Affairs''.
TITLE V--TRANSITION
SEC. 501. REORGANIZATION AUTHORITY.
(a) In General.--The Secretary is authorized, subject to the
requirements of this division, to allocate or reallocate any function
transferred to the Department under any title of this division among
the officers of the Department, and to establish, consolidate, alter,
or discontinue such organizational entities within the Department as
may be necessary or appropriate to carry out any reorganization under
this division, but the authority of the Secretary under this section
does not extend to--
(1) the abolition of organizational entities or officers
established by this Act or any other Act; or
(2) the alteration of the delegation of functions to any
specific organizational entity or officer required by this Act
or any other Act.
(b) Requirements and Limitations on Reorganization Plans.--A
reorganization plan pursuant to any title of this division 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; or
(5) increasing the term of an office beyond that provided
by law for the office.
(c) Reduction in Expenditures.--A reorganization plan pursuant to
any title of this division shall provide for a twenty-percent reduction
to apply to each of the first two fiscal years after implementation of
such plan in the total level of expenditures for the functions
transferred to the Department of State from amounts appropriated for
such transferred functions for fiscal year 1995.
SEC. 502. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.
(a) In General.--Except as otherwise provided in this Act, the
personnel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held, used,
arising from, available to, or to be made available in connection with
the functions and offices, or portions thereof transferred by any title
of this division, subject to section 1531 of title 31, United States
Code, shall be transferred to the Secretary for appropriate allocation.
(b) Limitation on Use of Transferred Funds.--Unexpended and
unobligated funds transferred pursuant to any title of this division
shall be used only for the purposes for which the funds were originally
authorized and appropriated.
(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 2351 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. 503. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary of State, is authorized to make such
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 such functions, as may be necessary to carry out the provisions of
any title of this division. The Director of the Office of Management
and Budget, in consultation with the Secretary of State, shall provide
for the termination of the affairs of all entities terminated by this
division and for such further measures and dispositions as may be
necessary to effectuate the purposes of any title of this division.
SEC. 504. EFFECT ON PERSONNEL.
(a) Executive Schedule Positions.--Except as otherwise provided in
this division, any person who, on the day preceding the date of the
abolition of an agency the functions of which are transferred under any
title of this division, held a position 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 the
Department 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.
(b) 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 by any title of this
division, shall terminate on the effective date of that title.
(c) 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).
(d) Employee Benefit Programs.--(1) Any employee accepting
employment with the Department of State as a result of a transfer
pursuant to any title of this division may retain for 1 year after the
date such transfer occurs membership in any employee benefit program of
the former 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 by this
section shall be paid by the Secretary of State. If any 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.
(e) Senior Executive Service.--Any employee in the career Senior
Executive Service who is transferred pursuant to any title of this
division shall be placed in a position at the Department of State which
is comparable to the position the employee held in the agency.
(f) Assignments.--(1) Transferring employees shall be provided
reasonable notice of new positions and assignments prior to their
transfer pursuant to any title of this division.
(2) Foreign Service personnel transferred to the Department of
State pursuant to any title of this division shall be eligible for any
assignment open to Foreign Service personnel within the Department for
which such transferred personnel are qualified.
(g) Treatment of Personnel Employed in Terminated Functions.--The
provisions of this subsection shall apply with respect to officers and
employees of the agencies identified in section 505(b) whose employment
is terminated as a result of the abolition of the agency or the
reorganization and consolidation of functions of the Department of
State under any title of this division:
(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 former agency as
having served satisfactorily in the former 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
former agency as having served satisfactorily in the former
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 former 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.
SEC. 505. SAVINGS PROVISIONS.
(a) Continuing Legal Force and Effect.--All orders, determinations,
rules, regulations, permits, agreements, grants, contracts,
certificates, licenses, registrations, privileges, and other
administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions that are transferred under any
title of this division; and
(2) that are in effect at the time such title takes effect,
or were final before the effective date of such title and are
to become effective on or after the effective date of such
title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--(1) The provisions of any title of this
division shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license, permit,
certificate, or financial assistance pending on the effective date of
any title of this division before any department, agency, commission,
or component thereof, functions of which are transferred by any title
of this division. Such proceedings and applications, to the extent that
they relate to functions so transferred, shall be continued.
(2) Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to such orders, as
if this Act had not been enacted. Orders issued in any such proceedings
shall continue in effect until modified, terminated, superseded, or
revoked by the Secretary, by a court of competent jurisdiction, or by
operation of law.
(3) Nothing in this Act 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 Act had not been enacted.
(4) The Secretary is authorized to promulgate regulations providing
for the orderly transfer of proceedings continued under this subsection
to the Department.
(c) No Effect on Judicial Proceedings.--Except as provided in
subsection (e)--
(1) the provisions of this Act shall not affect suits
commenced prior to the effective date of this Act, and
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this Act had not been enacted.
(d) Non-Abatement of Proceedings.--No suit, action, or other
proceeding commenced by or against any officer in the official capacity
of such individual as an officer of any department or agency, functions
of which are transferred by any title of this division, shall abate by
reason of the enactment of this Act. No cause of action by or against
any department or agency, functions of which are transferred by any
title of this division, or by or against any officer thereof in the
official capacity of such officer shall abate by reason of the
enactment of this Act.
(e) Continuation of Proceeding With Substitution of Parties.--If,
before the date on which any title of this division takes effect, any
department or agency, or officer thereof in the official capacity of
such officer, is a party to a suit, and under this Act any function of
such department, agency, or officer is transferred to the Secretary or
any other official of the Department, then such suit shall be continued
with the Secretary or other appropriate official of the Department
substituted or added as a party.
(f) Reviewability of Orders and Actions Under Transferred
Functions.--Orders and actions of the Secretary in the exercise of
functions transferred under any title of this division shall be subject
to judicial review to the same extent and in the same manner as if such
orders and actions had been by the agency or office, or part thereof,
exercising such functions immediately preceding their transfer. Any
statutory requirements relating to notice, hearings, action upon the
record, or administrative review that apply to any function transferred
by any title of this division shall apply to the exercise of such
function by the Secretary.
SEC. 506. PROPERTY AND FACILITIES.
The Secretary of State shall review the property and facilities
transferred to the Department under this division to determine whether
such property and facilities are required by the Department.
SEC. 507. AUTHORITY OF SECRETARY TO FACILITATE TRANSITION.
Prior to, or after, any transfer of a function under any title of
this division, the Secretary is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of an agency with respect to functions that will be
or have been transferred to the Department by any title of this
division; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of any title of this division.
SEC. 508. RECOMMENDATIONS FOR ADDITIONAL CONFORMING AMENDMENTS.
The Congress urges the President, in consultation with the
Secretary of State and the heads of other appropriate agencies, to
develop and submit to the Congress 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. 509. FINAL REPORT.
Not later than October 1, 1998, the President, in consultation with
the Secretary of the Treasury and the Director of the Office of
Management and Budget shall submit to the appropriate congressional
committees a report which provides 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.
SEC. 510. TRANSFER OF FUNCTION.
Any determination as to whether a transfer of function, carried out
under this Act, constitutes a transfer of function for purposes of
subchapter I of chapter 35 of title 5, United States Code, shall be
made without regard to whether or not the function involved is
identical to functions already being performed by the receiving agency.
SEC. 511. SEVERABILITY.
If a provision of this division or its application to any person or
circumstance is held invalid, neither the remainder of this division
nor the application of the provision to other persons or circumstances
shall be affected.
TITLE VI--REORGANIZATION OF UNITED STATES EXPORT PROMOTION AND TRADE
ACTIVITIES
SEC. 601. PLAN FOR REORGANIZATION OF UNITED STATES EXPORT PROMOTION AND
TRADE ACTIVITIES.
(a) Findings.--The Congress makes the following findings:
(1) Supporting American businesses overseas and assisting
United States exporters to identify market opportunities is of
increasing importance to America's economic health and
competitiveness, and to the well-being of American workers.
(2) At least 18 different government-sponsored
organizations or agencies, including the Department of State,
spend over $3,300,000,000 to provide support to American
exporters and international businesses. In the past, poor
coordination among these organizations and a lack of
accessibility often hindered the effectiveness of the
Government's trade promotion activities.
(3) Recent efforts to improve coordination between many of
these organizations and to increase their availability to
exporters around the country were begun through the Trade
Promotion Coordination Council. These efforts appear to have
generated some improvement in the Government's trade promotion
capabilities.
(4) Broader governmentwide reform efforts, such as the
reorganization of the Department of State, and future funding
questions currently being addressed in Congress may affect
different trade promotion organizations to varying degrees.
(b) Report Required.--In order to fully assess the organizational
structure, capability, and spending levels of United States Government
trade promotion organizations, the Trade Promotion Coordinating
Committee, not later than March 1, 1996, shall submit to the Committee
on International Relations of the House of Representatives, the
Committee on Foreign Relations of the Senate, and to other appropriate
committees of jurisdiction, a report detailing what steps are being
taken to improve accessibility and coordination among all trade
promotion organizations and agencies, the relationship between such
agencies and the Department of State, what additional measures should
be taken to further improve the efficiency of and reduce duplication
among these organizations and agencies, and any suggested legislative
actions that would further improve the Department of State and other
agencies export and trade promotion activities.
(c) Content of Report.--The report required by subsection (b)
shall--
(1) identify the name, number, function, and budget of all
Government organizations or agencies with some responsibility
for supporting, advancing, or promoting international trade or
United States exports;
(2) assess the amount of exports directly generated by the
activities of each organization or agency;
(3) describe the overall impact of the Government's trade
and export promotion programs on increasing exports and
overseas market share;
(4) identify areas where increased cooperation and
interoperability would improve United States export promotion
efforts;
(5) identify areas where greater efficiencies can be
achieved through the elimination of duplication among the
organizations and agencies included in paragraph (1);
(6) identify ways to improve the audit and accountability
mechanisms for each organization or agency, with particular
emphasis on ensuring independent oversight capabilities for
each organization;
(7) assess the trade and export promotion activities of the
major trade partners and competitors of the United States,
including amounts of tied aid and export subsidization provided
by the governments of those trade partners and competitors; and
(8) provide a plan to reorganize the United States trade
and export promotion organizations and agencies, with
legislative requirements if necessary, in order to more
efficiently promote trade, increase organizational
assessability, organize bureaucratic effort, and expend public
resources in support of American exporters and international
business.
DIVISION B--FOREIGN RELATIONS AUTHORIZATIONS
TITLE XX--GENERAL PROVISIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Foreign Relations Authorization
Act, Fiscal Years 1996 and 1997''.
SEC. 2002. DEFINITIONS.
The following terms have the following meaning for the purposes of
this division:
(1) The term ``AID'' means the Agency for International
Development.
(2) The term ``ACDA'' means the United States Arms Control
and Disarmament Agency.
(3) The term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee of Foreign Relations of the
Senate.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code.
(6) The term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(7) The term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
(8) The term ``Secretary'' means the Secretary of State.
(9) The term ``USIA'' means the United States Information
Agency.
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES
CHAPTER 1--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the
Department of State under ``Administration of Foreign Affairs'' to
carry out the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States and for other
purposes authorized by law, including the diplomatic security program:
(1) Diplomatic and consular programs.--
(A) Authorization of appropriations.--For
``Diplomatic and Consular Programs'', of the Department
of State $1,728,797,000 for the fiscal year 1996 and
$1,656,903,000 for the fiscal year 1997.
(B) Limitation.--Of the amounts authorized to be
appropriated by subparagraph (A), $5,000,000 for fiscal
year 1996 and $5,000,000 for fiscal year 1997 are
authorized to be appropriated for the purpose of
processing immigrant visas for persons who are outside
their countries of nationality, have asserted a fear of
returning to their countries of nationality and a
credible basis for such fear, and for whom immigrant
visas are currently available.
(2) Salaries and expenses.--
(A) Authorization of appropriations.--For
``Salaries and Expenses'', of the Department of State
$366,276,000 for the fiscal year 1996 and $335,287,000
for the fiscal year 1997.
(B) Limitation.--Of the amounts authorized to be
appropriated by subparagraph (A), $11,900,000 for
fiscal year 1996 and $11,900,000 for fiscal year 1997
are authorized to be appropriated for salaries and
expenses of the Bureau of Refugee and Migration
Assistance.
(3) Capital investment fund.--For ``Capital Investment
Fund'', of the Department of State $20,000,000 for the fiscal
year 1996 and $20,000,000 for the fiscal year 1997.
(4) Acquisition and maintenance of buildings abroad.--For
``Acquisition and Maintenance of Buildings Abroad'',
$391,760,000 for the fiscal year 1996 and $376,760,000 for the
fiscal year 1997.
(5) Representation allowances.--For ``Representation
Allowances'', $4,780,000 for the fiscal year 1996 and
$4,780,000 for the fiscal year 1997.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$6,000,000 for the fiscal 1996 and $6,000,000 for the fiscal
year 1997.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $23,469,000 for the fiscal year 1996 and
$21,469,000 for the fiscal year 1997.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,165,000
for the fiscal year 1996 and $13,710,000 for the fiscal year
1997.
(9) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $9,579,000
for the fiscal year 1996 and $9,579,000 for the fiscal year
1997.
(10) Repatriation loans.--For ``Repatriation Loans'',
$776,000 for the fiscal year 1996 and $776,000 for the fiscal
year 1997, for administrative expenses.
SEC. 2102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CONFERENCES.
(a) Assessed Contributions to International Organizations.--There
are authorized to be appropriated for ``Contributions to International
Organizations'', $873,505,000 for the fiscal year 1996 and $828,388,000
for the fiscal year 1997 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
organizations and to carry out other authorities in law consistent with
such purposes.
(b) Voluntary Contributions to International Organizations.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for ``Voluntary Contributions to
International Organizations'', $309,375,000 for the fiscal year
1996 and $290,680,000 for the fiscal year 1997.
(2) Limitations.--
(A) UNICEF.--
(i) Of the amounts authorized to be
appropriated under paragraph (1), $103,000,000
for fiscal year 1996 and $103,000,000 for
fiscal year 1997 is authorized to be
appropriated for the United Nations Children's
Fund (UNICEF).
(ii) For fiscal year 1996, not more than 25
percent of the amount under clause (i) may be
made available to the United Nations Children's
Fund (UNICEF) until 30 days after the
submission to Congress of the report required
by section 2523.
(B) International atomic energy agency.--
(i) Of the amounts authorized to be
appropriated under paragraph (1), $43,000,000
for each of fiscal years 1996 and 1997 is
authorized to be appropriated for the
International Atomic Energy Agency (IAEA).
(ii) Amounts under clause (i) are
authorized to be made available to the
International Atomic Energy Agency only if the
Secretary determines and reports to the
appropriate congressional committees that
Israel is not being denied its right to
participate in the activities of the
International Atomic Energy Agency.
(C) War crimes tribunals.--Of the amounts
authorized to be appropriated under paragraph (1),
$15,000,000 for fiscal year 1996 and $15,000,000 for
fiscal year 1997, or 25 percent of the combined budgets
for the tribunals for each such fiscal year, whichever
amount is less, are authorized for the United Nations
Voluntary Fund for the United Nations International
Criminal Tribunal for the Former Yugoslavia and the
United Nations International Criminal Tribunal for
Rwanda, located at The Hague, Netherlands.
(D) World food program.--Of the amounts authorized
to be appropriated under paragraph (1), $5,000,000 for
fiscal year 1996 and $5,000,000 for fiscal year 1997
are authorized to be appropriated for the World Food
Program.
(E) United nations voluntary fund for victims of
torture.--Of the amounts authorized to be appropriated
under paragraph (1) $1,500,000 for fiscal year 1996 and
$3,000,000 for fiscal year 1997 are authorized to be
appropriated for the United Nations Voluntary Fund for
Victims of Torture.
(F) United nations population fund.--
(i) Of the amounts authorized to be
appropriated under paragraph (1) not more than
$25,000,000 for each of the fiscal years
1996 and 1997 shall be available for the
United Nations Population Fund (UNFPA).
(ii) Of the amount made available for the
United Nations Population Fund under clause
(i)--
(I) for fiscal year 1996, not more
than 50 percent of such amount may be
disbursed to the Fund before March 1,
1996; and
(II) for fiscal year 1997, not more
than 50 percent of such amount may be
disbursed to the Fund before March 1,
1997.
(G) Organization for american states.--Of the
amounts authorized to be appropriated under paragraph
(1), $15,000,000 for fiscal year 1996 and $15,000,000
for fiscal year 1997 are authorized to be appropriated
for the Organization for American States.
(H) Limitation concerning use of funds under
section 307 of the foreign assistance act of 1961.--
Notwithstanding any other provision of law or of this
Act, none of the funds authorized to be appropriated
under paragraph (1) are authorized to be appropriated
for the United States proportionate share, in
accordance with section 307(c) of the Foreign
Assistance Act of 1961, for any programs identified in
section 307, or for Libya, Iran, or any Communist
country listed in section 620(f) of the Foreign
Assistance Act of 1961.
(I) United nations development program.--
(i) Total limitation.--Of the amounts
authorized to be appropriated under paragraph
(1), for each of the fiscal years 1996 and 1997
not to exceed $70,000,000 shall be available
for the United Nations Development Program.
(ii) Burma.--
(I) Subject to subclauses (II) and
(III), for each of the fiscal years
1996 and 1997 none of the funds made
available for United Nations
Development Program (or United Nations
Development Program--Administered
Funds) shall be available for programs
and activities in or for Burma.
(II) Of the amount made available
for United Nations Development Program
(and United Nations Development
Program--Administered Funds) for fiscal
year 1996, $18,200,000 of such amount
shall be disbursed only if the
President certifies to the Congress
that the United Nations Development
Program has terminated its activities
in and for Burma.
(III) Of the amount made available
for United Nations Development Program
(and United Nations Development
Program--Administered
Funds) for fiscal year 1997,
$25,480,000 shall be disbursed only if the President certifies to the
Congress that the United Nations Development Program has terminated its
activities in and for Burma.
(3) Availability of funds.--Amounts authorized to be
appropriated under paragraph (1) are authorized to remain
available until expended.
(c) Assessed Contributions for International Peacekeeping
Activities.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for ``Contributions for International
Peacekeeping Activities'', $445,000,000 for the fiscal year
1996 and $300,000,000 for the fiscal year 1997 for the
Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign
affairs of the United States with respect to international
peacekeeping activities and to carry out other authorities in
law consistent with such purposes.
(2) Limitation.--None of the funds authorized to be
appropriated under paragraph (1) may be made available for
contributions to the United Nations Protection Force unless the
President determines and reports to the Congress during the
calendar year in which the funds are to be provided that--
(A) the Government of Bosnia and Herzegovina
supports the continued presence of the United Nations
Protection Force within its territory;
(B) the United Nations Protection Force is
effectively carrying out its mandate under United
Nations Security Council resolutions 761, 776, 781,
786, and 836, and is effectively encouraging compliance
with United Nations Security Council resolutions 752,
757, 770, 771, 787, 820, and 824;
(C) the United Nations Protection Force is
providing full cooperation and support consistent with
its mandate 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;
(D) the United Nations Protection Force is
providing full cooperation and support consistent with
its mandate to United States diplomatic, military, and
relief personnel in Bosnia; and
(E) the United Nations Protection Force has
investigated and taken appropriate action against any
United Nations Protection Force personnel or units
suspected of participating in illegal or improper
activities, such as black marketeering, embezzlement,
expropriation of property, and assaults on civilians.
(d) Peacekeeping Operations.--There are authorized to be
appropriated for ``Peacekeeping Operations'', $68,260,000 for the
fiscal year 1996 and $62,260,000 for the fiscal year 1997 for the
Department of State to carry out section 551 of Public Law 87-195.
(e) International Conferences and Contingencies.--
(1) General provision.--There are authorized to be
appropriated for ``International Conferences and
Contingencies'', $5,000,000 for the fiscal year 1996 and
$5,000,000 for the fiscal year 1997 for the Department of State
to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international conferences and
contingencies and to carry out other authorities in law
consistent with such purposes.
(2) Conditional authority.--
(A) Subject to subparagraph (B), in addition to
such amounts as are authorized to be appropriated under
paragraph (1), 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.
(B) The authorization of appropriations under
subparagraph (A) shall take effect only after the
Secretary of State certifies to the appropriate
congressional committees with respect to any United
Nations Fourth Conference on Women that is held in
Beijing that--
(i) 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
(ii)(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 subparagraphs
(I), (II), or (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.
(f) Foreign Currency Exchange Rates.--In addition to amounts
otherwise authorized to be appropriated by subsections (a) and (b) of
this section, there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1996 and 1997 to offset
adverse fluctuations in foreign currency exchange rates. Amounts
appropriated under this subsection shall be available for obligation
and expenditure only to the extent that the Director of the Office of
Management and Budget determines and certifies to Congress that such
amounts are necessary due to such fluctuations.
SEC. 2103. 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'' $13,858,000 for
the fiscal year 1996 and $19,372,000 for the fiscal
year 1997; and
(B) for ``Construction'' $10,393,000 for the fiscal
year 1996 and $9,353,000 for the fiscal year 1997.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $740,000 for the fiscal year 1996 and $666,000
for the fiscal year 1997.
(3) International joint commission.--For ``International
Joint Commission'', $3,500,000 for the fiscal year 1996 and
$3,195,000 for the fiscal year 1997.
(4) International fisheries commissions.--For
``International Fisheries Commissions'',
$14,669,000 for the fiscal year 1996 and $13,202,000 for the
fiscal year 1997.
SEC. 2104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--
(1) Migration and refugee assistance.--
(A) Authorization of appropriations.--There are
authorized to be appropriated for ``Migration and
Refugee Assistance'' for authorized activities,
$590,000,000 for the fiscal year 1996 and $590,000,000
for the fiscal year 1997.
(B) Limitation.--None of the funds authorized to be
appropriated by this section are authorized to be
appropriated for salaries and administrative expenses
of the Bureau of Migration and Refugee Assistance.
(2) Refugees resettling in israel.--There are authorized to
be appropriated $80,000,000 for the fiscal year 1996 and
$80,000,000 for the fiscal year 1997 for assistance for
refugees resettling in Israel from other countries.
(3) Humanitarian assistance for displaced burmese.--There
are authorized to be appropriated $1,500,000 for the fiscal
year 1996 and $1,500,000 for the fiscal year 1997 for
humanitarian assistance, including but not limited to food,
medicine, clothing, and medical and vocational training to
persons displaced as a result of civil conflict in Burma,
including persons still within Burma.
(4) Resettlement of vietnamese, laotians, and cambodians.--
Of the amounts authorized to be appropriated for fiscal year
1996 under paragraph (1) there are authorized to be
appropriated such amounts as are necessary for the admission
and resettlement, within numerical limitations provided by law
for refugee admissions, of persons who--
(A) are or were nationals and residents of Vietnam,
Laos, or Cambodia;
(B) are within a category of aliens referred to in
section 599D(b)(2)(C) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167); and
(C) are or were at any time after January 1, 1989,
residents of refugee camps in Hong Kong, Thailand,
Indonesia, Malaysia, or the Philippines.
(b) General Limitations.--None of the funds authorized to be
appropriated by subsection (a) are authorized to be available for any
program or activity that provides for, promotes, or assists in the
repatriation of any person to Vietnam, Laos, or Cambodia, unless the
President has certified that--
(1) all persons described in subsection (a)(4) who were
residents of refugee camps as of July 1, 1995, have been
offered resettlement outside their countries of nationality;
(2) all nationals of Vietnam, Laos, or Cambodia who were
residents of refugee camps as of July 1, 1995, who are not
persons described in subsection (a)(4) have, at any time after
such date, either had access to a process for the determination
of whether they are refugees, or been offered resettlement
outside their countries of nationality; and
(3) the process referred to in paragraph (2) is genuinely
calculated to determine whether each applicant is a refugee,
and that the procedures, standards, and personnel employed in
such process ensure that the risk of return to persecution is
no greater than in the process available under United States
law to persons physically present in the United States.
(c) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
(d) Refugee Camp Defined.--For the purposes of this section, the
term ``refugee camp'' means any place in which people who left Vietnam,
Cambodia, or Laos are housed or held by a government or international
organization, regardless of the designation of such place by such
government or organization.
(e) Statutory Construction.--Nothing in this section may be
construed to require or permit an increase in the number of refugee
admissions for fiscal year 1996 from the numerical limitation for
refugee admissions for fiscal year 1995.
SEC. 2105. CERTAIN OTHER INTERNATIONAL AFFAIRS PROGRAMS.
The following amounts are authorized to be appropriated for the
Department of State to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of the
United States and for other purposes authorized by law:
(1) Asia foundation.--For ``Asia Foundation'', $10,000,000
for the fiscal year 1996 and $9,000,000 for the fiscal year
1997.
SEC. 2106. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS.
The following amounts are authorized to be appropriated to carry
out international information activities and educational and cultural
exchange programs under the United States Information and Educational
Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act
of 1961, Reorganization Plan Number 2 of 1977, the United States
International Broadcasting Act of 1994, the Radio Broadcasting to Cuba
Act, the Television Broadcasting to Cuba Act, the Board for
International Broadcasting Act, the Inspector General Act of 1978, the
North/South Center Act of 1991, 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'',
$450,645,000 for the fiscal year 1996 and $407,080,000 for the
fiscal year 1997.
(2) Technology fund.--For ``Technology Fund'' for the
United States Information Agency, $5,050,000 for the fiscal
year 1996 and $5,050,000 for the fiscal year 1997.
(3) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $117,484,200
for the fiscal year 1996 and $93,680,800 for the fiscal
year 1997.
(B) South pacific exchanges.--For the ``South
Pacific Exchanges'', $900,000 for the fiscal year 1996
and $900,000 for the fiscal year 1997.
(C) East timorese scholarships.--For the ``East
Timorese Scholarships'', $800,000 for the fiscal year
1996 and $800,000 for the fiscal year 1997.
(D) Cambodian scholarships.--For the ``Cambodian
Scholarships'', $141,000 for the fiscal year 1996 and
$141,000 for the fiscal year 1997.
(E) Tibetan exchanges.--For the ``Educational and
Cultural Exchanges with Tibet'' under section 236 of
the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), $500,000 for the
fiscal year 1996 and $500,000 for the fiscal year 1997.
(F) Other programs.--For ``Hubert H. Humphrey
Fellowship Program'', ``Edmund S. Muskie Fellowship
Program'', ``International Visitors Program'', ``Mike
Mansfield Fellowship Program'', ``Claude and Mildred
Pepper Scholarship Program of the Washington Workshops
Foundation'', ``Citizen Exchange Programs'',
``Congress-Bundestag Exchange Program'', ``Newly
Independent States and Eastern Europe Training'',
``Institute for Representative Government'', and ``Arts
America'', $87,265,800 for the fiscal year 1996 and
$67,341,400 for the fiscal year 1997.
(4) International broadcasting activities.--
(A) Authorization of appropriations.--For
``International Broadcasting Activities'', $321,191,000
for the fiscal year 1996, and $256,191,000 for the
fiscal year 1997.
(B) Limitation.--Of the amounts authorized to be
appropriated under subparagraph (A) $3,000,000 for
fiscal year 1996 and $3,000,000 for fiscal year 1997
are authorized to be appropriated to carry out the
Pilot Project for Freedom Broadcasting to Asia
authorized by section 2443.
(C) Voice of america farsi service.--Of the amounts
authorized to be appropriated under subparagraph (A)
$1,873,521 for the fiscal year 1996 and $1,873,521 for
the fiscal year 1997 are authorized to be appropriated
to carry out the Voice of America Farsi Service.
(5) Radio construction.--For ``Radio Construction'',
$75,164,000 for the fiscal year 1996, and $57,647,000 for the
fiscal year 1997.
(6) Radio free asia.--For ``Radio Free Asia'', $10,000,000
for the fiscal year 1996 and $10,000,000 for the fiscal year
1997.
(7) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$24,809,000 for the fiscal year 1996 and $24,809,000 for the
fiscal year 1997.
(8) Office of the inspector general.--For ``Office of the
Inspector General'', $4,300,000 for the fiscal year 1996 and
$3,870,000 for the fiscal year 1997.
(9) Center for cultural and technical interchange between
east and west.--For ``Center for Cultural and Technical
Interchange between East and West'', $15,000,000 for the fiscal
year 1996 and $8,000,000 for the fiscal year 1997.
(10) National endowment for democracy.--For ``National
Endowment for Democracy'', $34,000,000 for the fiscal year 1996
and $32,000,000 for the fiscal year 1997.
(11) Center for cultural and technical interchange between
north and south.--For ``Center for Cultural and Technical
Interchange between North and South'' $4,000,000 for the fiscal
year 1996 and $3,000,000 for the fiscal year 1997.
SEC. 2107. UNITED STATES ARMS CONTROL AND DISARMAMENT.
There are authorized to be appropriated to carry out the purposes
of the Arms Control and Disarmament Act--
(1) $44,000,000 for the fiscal year 1996 and $39,500,000
for the fiscal year 1997; and
(2) such sums as may be necessary for each of the fiscal
years 1996 and 1997 for increases in salary, pay, retirement,
other employee benefits authorized by law, and to offset
adverse fluctuations in foreign currency exchange rates.
CHAPTER 2--GENERAL LIMITATIONS
SEC. 2121. PROHIBITION ON FUNDING FOR ABORTION.
(a) In General.--
(1) Notwithstanding any other provision of law or of this
Act, none of the funds authorized to be appropriated by this
Act for population assistance activities are authorized to be
available for any private, nongovernmental, or multilateral
organization that, directly or through a subcontractor or sub-
grantee, performs abortions in any foreign country, except
where the life of the mother would be endangered if the fetus
were carried to term or in cases of forcible rape or incest.
(2) Paragraph (1) may not be construed to apply to the
treatment of injuries or illnesses caused by legal or illegal
abortions or to assistance provided directly to the government
of a country.
(b) Limitation on Lobbying Activities.--
(1) Notwithstanding any other provision of law or of this
Act, none of the funds authorized to be appropriated by this
Act for population assistance activities are authorized to be
available for any private, nongovernmental, or multilateral
organization that violates the laws of any foreign country
concerning the circumstances under which abortion is permitted,
regulated, or prohibited, or that engages in any activity or
effort to alter the laws or governmental policies of any
foreign country concerning the circumstances under which
abortion is permitted, regulated, or prohibited.
(2) Paragraph (1) shall not apply to activities in
opposition to coercive abortion or involuntary sterilization.
SEC. 2122. PROHIBITION ON FUNDING FOR COERCIVE POPULATION CONTROL
METHODS.
Notwithstanding any other provision of law or of this Act, none of
the funds authorized to be appropriated by this Act are authorized to
be available for the United Nations Population Fund (UNFPA), unless the
President certifies to the appropriate congressional committees that
(a) the United Nations Population Fund has terminated all activities in
the People's Republic of China; or (b) during the 12 months preceding
such certification there have been no abortions as the result of
coercion associated with the family planning policies of the national
government or other governmental entities within the People's Republic
of China. As used in this section the term ``coercion'' includes
physical duress or abuse, destruction or confiscation of property, loss
of means of livelihood, or severe psychological pressure.
TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1--AUTHORITIES AND ACTIVITIES
SEC. 2201. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.
(a) In General.--Section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended to read as follows:
``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
``(a) Establishment.--(1) There is established a program for the
payment of rewards to carry out the purposes of this section.
``(2) The rewards program established by this section shall be
administered by the Secretary of State, in consultation, where
appropriate, with the Attorney General.
``(b) Purpose.--(1) The rewards program established by this section
shall be designed to assist in the prevention of acts of international
terrorism, international narcotics trafficking, and other related
criminal acts.
``(2) The Secretary of State may pay a reward to any individual who
furnishes information leading to--
``(A) the arrest or conviction in any country of any
individual for the commission of an act of international
terrorism against a United States person or United States
property;
``(B) the arrest or conviction in any country of any
individual conspiring or attempting to commit an act of
international terrorism against a United States person or
United States property;
``(C) the arrest or conviction in any country of any
individual for committing, primarily outside the territorial
jurisdiction of the United States, any narcotics-related
offense if that offense involves or is a significant part of
conduct that involves--
``(i) a violation of United States narcotics laws
and which is such that the individual would be a major
violator of such laws; or
``(ii) the killing or kidnapping of--
``(I) any officer, employee, or contract
employee of the United States Government while
such individual is engaged in official duties,
or on account of that individual's official
duties, in connection with the enforcement of
United States narcotics laws or the
implementing of United States narcotics control
objectives; or
``(II) a member of the immediate family of
any such individual on account of that
individual's official duties, in connection
with the enforcement of United States narcotics
laws or the implementing of United States
narcotics control objectives; or
``(iii) an attempt or conspiracy to commit any of
the acts described in clause (i) or (ii); or
``(D) the arrest or conviction in any country of any
individual aiding or abetting in the commission of an act
described in subparagraphs (A) through (C); or
``(E) the prevention, frustration, or favorable resolution
of an act described in subparagraphs (A) through (C).
``(c) Coordination.--(1) To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with the
payment of informants or the obtaining of evidence or information, as
authorized to the Department of Justice, the offering, administration,
and payment of rewards under this section, including procedures for--
``(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
``(B) the publication of rewards;
``(C) offering of joint rewards with foreign governments;
``(D) the receipt and analysis of data; and
``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of State, in
consultation with the Attorney General.
``(2) Before making a reward under this section in a matter over
which there is Federal criminal jurisdiction, the Secretary of State
shall advise and consult with the Attorney General.
``(d) Funding.--(1) There is authorized to be appropriated to the
Department of State from time to time such amounts as may be necessary
to carry out the purposes of this section, notwithstanding section 102
of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987
(Public Law 99-93).
``(2) No amount of funds may be appropriated which, when added to
the amounts previously appropriated but not yet obligated, would cause
such amounts to exceed $15,000,000.
``(3) To the maximum extent practicable, funds made available to
carry out this section should be distributed equally for the purpose of
preventing acts of international terrorism and for the purpose of
preventing international narcotics trafficking.
``(4) Amounts appropriated to carry out the purposes of this
section shall remain available until expended.
``(e) Additional Funding.--(1) In extraordinary circumstances and
when it is important to the national security of the United States, the
Secretary of State may use fees collected for processing machine
readable nonimmigrant visas and machine readable combined border
crossing identification cards and nonimmigrant visas pursuant to
section 140 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351 note) to carry out the
purposes of this section, subject to the limitation contained in
subsection (d)(2).
``(2) The authority contained in paragraph (1) may be used only if
the Secretary notifies the appropriate congressional committees 15 days
in advance in accordance with regular reprogramming procedures. Such
notification shall contain a detailed justification of the
circumstances necessitating the use of such fees for the purposes of
this section.
``(f) Limitation and Certification.--(1) A reward under this
section may not exceed $2,000,000.
``(2) A reward under this section of more than $100,000 may not be
made without the approval of the President or the Secretary of State.
``(3) Any reward granted under this section shall be approved and
certified for payment by the Secretary of State.
``(4) The authority of paragraph (2) may not be delegated to any
other officer or employee of the United States Government.
``(5) If the Secretary determines that the identity of the
recipient of a reward or of the members of the recipient's immediate
family must be protected, the Secretary may take such measures in
connection with the payment of the reward as he considers necessary to
effect such protection.
``(g) Ineligibility.--An officer or employee of any governmental
entity who, while in the performance of his or her official duties,
furnishes information described in subsection (b) shall not be eligible
for a reward under this section.
``(h) Reports.--(1) Not later than 30 days after paying any reward
under this section, the Secretary of State shall submit a report to the
appropriate congressional committees with respect to such reward. The
report, which may be submitted on a classified basis if necessary,
shall specify the amount of the reward paid, to whom the reward was
paid, and the acts with respect to which the reward was paid. The
report shall also discuss the significance of the information for which
the reward was paid in dealing with those acts.
``(2) Not later than 60 days after the end of each fiscal year, the
Secretary of State shall submit an annual report to the appropriate
congressional committees with respect to the operation of the rewards
program authorized by this section. Such report shall provide
information on the total amounts expended during such fiscal year to
carry out the purposes of this section, including amounts spent to
publicize the availability of rewards. Such report shall also include
information on all requests for the payment of rewards under this
section, including the reasons for the denial of any such requests.
``(i) Definitions.--As used in this section--
``(1) 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) the term `act of international terrorism' includes,
but is not limited to--
``(A) any act substantially contributing to the
acquisition of unsafeguarded special nuclear material
(as defined in section 830(8) of the Nuclear
Proliferation Prevention Act of 1994) or any nuclear
explosive device (as defined in section 830(4) of that
Act) by an individual, group, or non-nuclear weapon
state (as defined in section 830(5) of that Act); and
``(B) any act, as determined by the Secretary of
State, which materially supports the conduct of
international terrorism, including the counterfeiting
of United States currency or the illegal use of other
monetary instruments by an individual, group, or
country supporting international terrorism as
determined for purposes of section 6(j) of the Export
Administration Act of 1979;
``(3) the term `United States narcotics laws' means the
laws of the United States for the prevention and control of
illicit traffic in controlled substances (as such term is
defined for purposes of the Controlled Substances Act); and
``(4) the term `member of the immediate family' includes--
``(A) a spouse, parent, brother, sister, or child
of the individual;
``(B) a person to whom the individual stands in
loco parentis; and
``(C) any other person living in the individual's
household and related to the individual by blood or
marriage.''.
(b) Sense of Congress.--It is the sense of the Congress that the
Secretary of State should pursue additional means of funding the
program established by section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708), including the authority to
seize and dispose of assets used in the commission of any offense under
sections 1028, 1541 through 1544, and 1546 of title 18, United States
Code, and to retain the proceeds derived from the disposition of such
assets, or to participate in asset sharing programs conducted by the
Department of Justice, to carry out the purposes of section 36 of that
Act.
(c) Use of Earnings From Frozen Assets for Program.--
(1) Amounts to be made available.--Up to 2 percent of the
earnings accruing, during periods beginning October 1, 1995, on
all assets of foreign countries blocked by the President
pursuant to the International Emergency Powers Act (50 U.S.C.
1701 and following) shall be available, subject to
appropriations Acts, to carry out section 36 of the State
Department Basic Authorities Act, as amended by this section,
except that the limitation contained in subsection (d)(2) of
such section shall not apply to amounts made available under
this paragraph.
(2) Control of funds by the President.--The President is
authorized and directed to take possession and exercise full
control of so much of the earnings described in paragraph (1)
as are made available under such paragraph.
SEC. 2202. AUTHORITIES OF SECRETARY OF STATE.
Section 203(4) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 4303(4)) is amended in the third sentence by striking
``should'' both places it appears and inserting ``shall''.
SEC. 2203. BUYING POWER MAINTENANCE ACCOUNT.
Section 24(b)(7) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696(b)(7)) is amended by striking subparagraph (D).
SEC. 2204. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND
PROCEEDINGS.
(a) Recovery of Certain Expenses.--The Department of State
Appropriation Act, 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(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is amended in the
first sentence by inserting ``personal and'' before ``other support
services''.
SEC. 2205. 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.
(b) Contents of Plan.--The plan shall--
(1) identify 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 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 the
enactment of this Act, the Secretary of State shall transmit a copy of
the plan to the appropriate congressional committees.
SEC. 2206. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS SUBJECT TO STATE
ARREST WARRANTS IN CASES OF NONPAYMENT OF CHILD SUPPORT.
The Secretary of State is authorized to refuse to issue a passport
or to revoke, restrict, or limit a passport in any case in which the
Secretary of State determines or is informed by competent authority
that the applicant or passport holder is a noncustodial parent who is
the subject of an outstanding State warrant of arrest for nonpayment of
child support, where the amount in controversy is not less than
$10,000.
SEC. 2207. 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 enhancement''
after ``procurement'';
(2) in subsection (c) by striking ``are authorized to'' and
inserting ``shall'';
(3) in subsection (d) by striking ``for expenditure to
procure capital equipment and information technology'' and
inserting in lieu thereof ``for purposes of subsection (a)'';
and
(4) by amending subsection (e) to read as follows:
``(e) Reprogramming Procedures.--Funds credited to the Capital
Investment Fund shall not be available for obligation or expenditure
except in compliance with the procedures applicable to reprogrammings
under section 34 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2710).''.
SEC. 2208. EFFICIENCY IN PROCUREMENT.
(a) In General.--To the maximum extent practicable, United States
Government agencies performing functions at diplomatic and consular
posts abroad shall avoid duplicative acquisition actions.
(b) Authority.--Notwithstanding any other provision of law, a
contract awarded in accordance with the Competition in Contracting Act
by an agency of the United States Government performing functions at
diplomatic and consular posts abroad may be amended without competition
to permit other such United States Government agencies to obtain goods
or services under such contract, if unit prices are not increased as a
result of any such amendment.
SEC. 2209. 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) the following new
subsections:
``(e)(1) The Secretary of State is authorized to provide
appropriate training through the institution to employees of any United
States company 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 any company under contract to provide services
to the Department of State, the Secretary of State is authorized to
provide job-related training to any company employee who is 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 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 of State is authorized to provide on a
reimbursable basis foreign language training programs to Members of
Congress and officers and employees of Congress.
``(2) Reimbursements under this subsection, to the extent
practicable, should be equivalent to the rate of reimbursement charged
other agencies of the United States Government for comparable training.
``(3) Reimbursements collected under this subsection 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.''.
CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
SEC. 2231. SURCHARGE FOR PROCESSING CERTAIN MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) For fiscal years 1996 and 1997, not more than
$250,000,000 in fees collected under the authority of paragraph
(1) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the costs of the
Department of State's border security program, including the
costs of--
``(A) installation and operation of the machine
readable visa and automated name-check process;
``(B) improving the quality and security of the
United States passport;
``(C) passport and visa fraud investigations; and
``(D) the technological infrastructure to support
and operate the programs referred to in paragraphs (A)
through (C).
Such fees shall remain available for obligation until expended.
``(3) For any fiscal year, fees collected under the
authority of paragraph (1) in excess of the amount specified
for such fiscal year under paragraph (2) shall be deposited in
the general fund of the Treasury as miscellaneous receipts.'';
and
(2) by striking paragraph (5).
SEC. 2232. FINGERPRINT CHECK REQUIREMENT.
Section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1182 note) as amended
by section 505 of the Department of State and Related Agencies
Appropriation Act, Fiscal Year 1995 (Public Law 103-317) is amended by
adding at the end the following:
``(h) Fingerprint Check Requirement.--If a visa applicant is
determined to have a criminal history record under subsection (d)(1),
has been physically present in the United States, and is more than 16
years of age, the applicant shall provide a fingerprint record for
submission with the application, at no cost to the Department of State.
The Department of State shall submit such fingerprint record to the
Federal Bureau of Investigation for analysis to determine whether the
applicant has been convicted of a felony under State or Federal law in
the United States.''.
SEC. 2233. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED
PASSPORT SERVICES.
For each of the fiscal years 1996 and 1997, of the fees collected
for expedited passport processing and deposited to an offsetting
collection pursuant to the Department of State and Related Agencies
Appropriations Act for Fiscal Year 1995 (Public Law 103-317; 22 U.S.C.
214), 10 percent shall be available only for enhancing passport
services for United States citizens, improving the integrity and
efficiency of the passport issuance process, improving the secure
nature of the United States passport, investigating passport fraud, and
deterring entry into the United States by terrorists, drug traffickers,
or other criminals.
SEC. 2234. CONSULAR OFFICERS.
(a) Persons Authorized To Issue Reports of Birth Abroad.--Section
33 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2705) is amended in paragraph (2) by inserting ``(or 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)'' after ``consular officer''.
(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 ``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'' after
``such officers''.
CHAPTER 3--REFUGEES AND MIGRATION
SEC. 2251. UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND.
(a) Limitation on Transfers From Emergency Fund.--Section 2(c) of
the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) is
amended by adding after paragraph (3) the following:
``(4) Notwithstanding any other provision of this Act, the
President shall notify the appropriate congressional committees not
less than 15 days before transferring or otherwise making available
amounts from the United States Emergency Refugee and Migration
Assistance Fund under paragraph (1).''.
(b) Notification of Expenditures From Fund.--Section 2(d) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) is
amended to read as follows:
``(d)(1) Except as provided in paragraph (2), and notwithstanding
any other provision of this Act, the President shall notify the
appropriate congressional committees at least 15 days in advance of the
obligation or expenditure of sums from the United States Emergency
Refugee and Migration Assistance Fund under subsection (c).
``(2) Notwithstanding the notification requirement of paragraph
(1), the President may obligate and expend sums from the United States
Emergency Refugee and Migration Assistance Fund if the President
determines, and promptly certifies to the appropriate congressional
committees, that unforseen emergency circumstances require the
immediate obligation of sums from such fund. Any such certification
shall fully inform such committees of the amount and use of such sums
from the Fund.
``(3) For purposes of this section, the term `appropriate
congressional committees' means the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.''.
SEC. 2252. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL
METHODS.
Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)) is amended by adding at the end the following: ``For
purposes of determinations under this Act, a person who has been forced
to abort a pregnancy or to undergo involuntary sterilization, or who
has been persecuted for failure or refusal to undergo such a procedure
or for other resistance to a coercive population control program, shall
be deemed to have been persecuted on account of political opinion, and
a person who has a well founded fear that he or she will be forced to
undergo such a procedure or subjected to persecution for such failure,
refusal, or resistance shall be deemed to have a well founded fear of
persecution on account of political opinion.''.
SEC. 2253. REPORT TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.
Beginning 3 months after the date of the enactment of this Act and
every subsequent 6 months, 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. 2254. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF
REFUGEES.
(a) In General.--No funds authorized to be appropriated by this Act
shall be available to involuntarily return any person to a country in
which the person has a well founded fear of persecution on account of
race, religion, nationality, membership in a particular social group,
or political opinion, or promote or assist such involuntary return.
(b) Involuntarily Return Defined.--As used in this section, the
term ``involuntarily return'' means to take action by which it is
reasonably foreseeable that a person will be required to return to a
country against the person's will, regardless of whether such return is
induced by physical force and regardless of whether the person is
physically present in the United States.
SEC. 2255. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.
The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1996''
and inserting ``1996, and 1997''; and
(B) in subsection (e), by striking out ``October 1,
1996'' each place it appears and inserting ``October 1,
1997''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ``September 30, 1996'' and inserting
``September 30, 1997''.
SEC. 2256. VIETNAM POW/MIA ASYLUM PROGRAM.
(a) Asylum for Eligible Aliens.--The Attorney General shall grant
asylum in the United States to any alien described in subsection (b),
upon the application of that alien.
(b) Eligibility.--Asylum shall be granted under subsection (a) to
any alien (1) who is a national of Laos, Vietnam, Cambodia, or Burma,
and (2) who, while acting other than in an official or unofficial
capacity on behalf of any government or agency, personally delivers
into the custody of the United States Government a living Vietnam POW/
MIA (or participates in such a delivery).
(c) Vietnam POW/MIA Defined.--
(1) For purposes of this section, the term ``Vietnam POW/
MIA'' means an individual--
(A) who is a member of a uniformed service (within
the meaning of section 101(3) of title 37, United
States Code) in a missing status (as defined in section
551(2) of such title) as a result of the Vietnam
conflict, unless it is official determined under
section 552(c) of such title that such individual is
officially absent from such individual's post of duty
without authority; or
(B) who is an employee (as defined in section
5561(2) of title 5, United States Code) in a missing
status (as defined in section 5561(5) of such title) as
a result of the Vietnam conflict.
Such term does not include an individual who the Secretary of
Defense determines remained in Vietnam, Laos, or Cambodia
voluntarily.
(2) For purposes of paragraph (1)--
(A) the Vietnam conflict began on February 28,
1961, and ended on May 7, 1975; and
(B) an individual in a missing status shall be
considered to be in a missing status as a result of the
Vietnam conflict if immediately before that status
began the individual--
(i) was performing service in Vietnam; or
(ii) was performing service in Southeast
Asia in direct support of military operations
in Vietnam.
SEC. 2257. KOREA POW/MIA ASYLUM PROGRAM.
(a) Asylum for Eligible Aliens.--The Attorney General shall grant
asylum in the United States to any alien described in subsection (b),
upon the application of that alien.
(b) Eligibility.--Asylum shall be granted under subsection (a) to
any alien (1) who is a national of North Korea, South Korea, or China
and (2) who, while acting other than in an official or unofficial
capacity on behalf of any government or agency, personally delivers
into the custody of the United States Government a living Korea POW/MIA
(or participates in such a delivery).
(c) Korea POW/MIA Defined.--
(1) For purposes of this section, the term ``Korea POW/
MIA'' means an individual--
(A) who is a member of a uniformed service (within
the meaning of section 101(3) of title 37, United
States Code) in a missing status (as defined in section
551(2) of such title) as a result of the Korean
conflict, unless it is official determined under
section 552(c) of such title that such individual is
officially absent from such individual's post of duty
without authority; or
(B) who is an employee (as defined in section
5561(2) of title 5, United States Code) in a missing
status (as defined in section 5561(5) of such title) as
a result of the Korean conflict.
Such term does not include an individual who the Secretary of
Defense determines remained in North Korea, South Korea, or
China voluntarily.
(2) For purposes of paragraph (1)--
(A) the Korean conflict began on June 27, 1950, and
ended on January 31, 1955; and
(B) an individual in a missing status shall be
considered to be in a missing status as a result of the
Korean conflict if immediately before that status began
the individual--
(i) was performing service in the Korean
peninsula ; or
(ii) was performing service in Asia in
direct support of military operations in the
Korean peninsula.
TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE
SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.
(a) Establishment.--Section 1(e) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(e)) is amended--
(1) by striking ``In'' and inserting the following:
``(1) In''; and
(2) by inserting at the end the following:
``(2) Coordinator for counterterrorism.--
``(A) There shall be within the office of the
Secretary of State a Coordinator for Counterterrorism
(hereafter in this paragraph referred to as the
`Coordinator') who shall be appointed by the President,
by and with the advice and consent of the Senate.
``(B)(i) The Coordinator shall perform such duties
and exercise such power as the Secretary of State shall
prescribe.
``(ii) The principal duty of the Coordinator shall
be the overall supervision (including policy oversight
of resources) of international counterterrorism
activities. The Coordinator shall be the principal
advisor to the Secretary of State on international
counterterrorism matters. The Coordinator shall be the
principal counterterrorism official within the senior
management of the Department of State and shall report
directly to the Secretary of State.
``(C) The Coordinator shall have the rank and
status of Ambassador-at-Large. The Coordinator shall be
compensated at the annual rate of basic pay in effect
for a position at level IV of the Executive Schedule
under section 5314 of title 5, United States Code, or,
if the Coordinator is appointed from the Foreign
Service, the annual rate of pay which the individual
last received under the Foreign Service Schedule,
whichever is greater.
``(D) For purposes of diplomatic protocol among
officers of the Department of State, the Coordinator
shall take precedence after the Secretary of State, the
Deputy Secretary of State, and the Under Secretaries of
State and shall take precedence among the Assistant
Secretaries of State in the order prescribed by the
Secretary of State.''.
(b) Technical and Conforming Amendments.--Section 161 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236) is amended by striking subsection (e).
(c) Transition Provision.--The individual serving as Coordinator
for Counterterrorism of the Department of State on the day before the
effective date of this division may continue to serve in that position.
SEC. 2302. SPECIAL ENVOY FOR TIBET.
(a) Findings.--The Congress makes the following findings:
(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, has established
discriminatory development 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 Quinghai in recent years, and have 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 1995.
(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.
(6) The Dalai Lama has repeatedly stated his willingness to
begin substantive negotiations without preconditions.
(7) 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.
(b) United States Special Envoy for Tibet.--Section 1(e) of the
State Department Basic Authorities Act (U.S.C. 2651a(e)) is amended by
adding after paragraph (2) the following new paragraph:
``(3) United states special envoy for tibet.--
``(A) 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.
``(B) The United States Special Envoy for Tibet
shall have the personal rank of ambassador.
``(C) The United States Special Envoy for Tibet is
authorized and encouraged--
``(i) to promote substantive negotiations
between the Dalai Lama or his representatives
and senior members of the Government of the
People's Republic of China;
``(ii) 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
``(iii) to travel regularly throughout
Tibet and Tibetan refugee settlements.
``(D) The United States Special Envoy for Tibet
shall--
``(i) consult with the Congress on policies
relevant to Tibet and the future and welfare of
all Tibetan people;
``(ii) coordinate United States Government
policies, programs, and projects concerning
Tibet; and
``(iii) 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. 2303. ESTABLISHMENT OF COORDINATOR FOR HUMAN RIGHTS AND REFUGEES,
BUREAU OF REFUGEE AND MIGRATION ASSISTANCE, AND BUREAU OF
DEMOCRACY, HUMAN RIGHTS, AND LABOR.
(a) Establishment of Coordinator for Human Rights and Refugees.--
Section 1(e) of the State Department Basic Authorities Act (22 U.S.C.
2651a(e)) is amended by adding after paragraph (3) the following new
paragraph:
``(4) Coordinator for human rights and refugees.--
``(A) There shall be within the office of the
Secretary of State a Coordinator for Human Rights and
Refugees (hereafter in this paragraph referred to as
the `Coordinator') who shall be appointed by the
President, by and with the advice and consent of the
Senate. The Coordinator shall report directly to the
Secretary of State.
``(B) The Coordinator shall be responsible for
matters pertaining to human rights, refugees, and
humanitarian affairs (including matters relating to
prisoners of war and members of the United States Armed
Forces missing in action) in the conduct of foreign
policy. The Coordinator shall head the Bureau of
Refugee and Migration Assistance and the Bureau of
Democracy, Human Rights, and Labor.
``(C) The Coordinator shall have the rank and
status of Ambassador-at-Large. The Coordinator shall be
compensated at the annual rate of basic pay in effect
for a position at level IV of the Executive Schedule
under section 5314 of title 5, United States Code, or,
if the Coordinator is appointed from the Foreign
Service, the annual rate of pay which the individual
last received under the Foreign Service Schedule,
whichever is greater.
``(D) For purposes of diplomatic protocol among
officers of the Department of State, the Coordinator
shall take precedence after the Secretary of State, the
Deputy Secretary of State, and the Under Secretaries of
State and shall take precedence among the Assistant
Secretaries of State in the order prescribed by the
Secretary of State.''.
(b) Termination of Assistant Secretary of State for Democracy,
Human Rights, and Labor.--
(1) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended by
striking paragraph (2).
(2) Conforming amendments.--The Foreign Assistance Act of
1961 is amended--
(A) in section 116(c) (22 U.S.C. 2151n), by
striking ``Assistant Secretary of State for Democracy,
Human Rights, and Labor'' and inserting ``Secretary'';
(B) in sections 502B and 505(g)(4)(A) by striking
``, prepared with the assistance of the Assistant
Secretary of State for Democracy, Human Rights, and
Labor,'' each place it appears; and
(C) in section 573(c) by striking ``Assistant
Secretary of State for Democracy, Human Rights, and
Labor'' and inserting ``Secretary of State''.
(c) Establishment of Bureau of Refugee and Migration Assistance and
Bureau of Democracy, Human Rights, and Labor.--Section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended
by adding after subsection (e) the following new subsection:
``(f) Establishment of Certain Bureaus, Offices, and Other
Organizational Entities Within the Department of State.--
``(1) Bureau of refugee and migration assistance.--There is
established within the Department of State the Bureau of
Refugee and Migration Assistance which shall assist the
Secretary of State in carrying out the Migration and Refugee
Assistance Act of 1962. The Bureau shall be headed by the
Coordinator for Human Rights and Refugees.
``(2) Bureau of democracy, human rights, and labor.--There
is established within the Department of State the Bureau of
Democracy, Human Rights, and Labor. The Bureau shall be headed
by the Coordinator for Human Rights and Refugees. The Bureau
shall continuously observe and review all matters pertaining to
human rights and humanitarian affairs (including matters
relating to prisoners of war and members of the United States
Armed Forces missing in action) in the conduct of foreign
policy including the following:
``(A) Gathering detailed information regarding
humanitarian affairs and the observance of and respect
for internationally recognized human rights in each
country to which the requirements of section 116 and
502B of the Foreign Assistance Act of 1961 are
relevant.
``(B) Preparing the statements and reports to
Congress required under section 502B of the Foreign
Assistance Act of 1961.
``(C) Making recommendations to the Secretary of
State regarding compliance with sections 116 and 502B
of the Foreign Assistance Act of 1961, and as part of
the Bureau's overall policy responsibility for the
creation of United States Government human rights
policy, advising the Secretary on the policy framework
under which section 116(e) projects are developed and
consulting with the Secretary on the selection and
implementation of such projects.
``(D) Performing other responsibilities which serve
to promote increased observance of internationally
recognized human rights by all countries.''.
SEC. 2304. ELIMINATION OF STATUTORY ESTABLISHMENT OF CERTAIN POSITIONS
OF THE DEPARTMENT OF STATE.
(a) Assistant Secretary of State for South Asian Affairs.--Section
122 of the Foreign Relations Authorization Act, Fiscal Years 1992 and
1993 (22 U.S.C. 2652b) is repealed.
(b) Deputy Assistant Secretary of State for Burdensharing.--Section
161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 2651a note) is amended by striking subsection (f).
(c) Assistant Secretary for Oceans and International Environmental
and Scientific Affairs.--Section 9 of the Department of State
Appropriations Authorization Act of 1973 (22 U.S.C. 2655a) is repealed.
SEC. 2305. ESTABLISHMENT OF ASSISTANT SECRETARY OF STATE FOR HUMAN
RESOURCES.
Section 1(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(c)) is amended by adding after paragraph (1) the
following new paragraph:
``(2) Assistant secretary for human resources.--There shall
be in the Department of State an Assistant Secretary for Human
Resources who shall be responsible to the Secretary of State
for matters relating to human resources including the
implementation of personnel policies and programs within the
Department of State and international affairs functions and
activities carried out through the Department of State. The
Assistant Secretary shall have substantial professional
qualifications in the field of human resource policy and
management.''.
SEC. 2306. AUTHORITY OF UNITED STATES PERMANENT REPRESENTATIVE TO THE
UNITED NATIONS.
Section 2(a) of the United Nations Participation Act of 1945 (22
U.S.C. 287(a)) is amended by striking ``hold office at the pleasure of
the President'' and inserting ``serve at the pleasure of the President
and subject to the direction of the Secretary of State''.
CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE
SEC. 2351. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) End Fiscal Year 1996 Levels.--The number of members of the
Foreign Service authorized to be employed as of September 30, 1996--
(1) for the Department of State, shall not exceed 9,000, of
whom not more than 720 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, shall not
exceed 1,150, of whom not more than 165 shall be members of the
Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,800, of whom not more than 240 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 8,800, of
whom not more than 680 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, not to exceed
1,100 of whom not more than 160 shall be members of the Senior
Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,775 of whom not more than 230 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) Waiver Authority.--(1) Subject to paragraph (2), the President
may waive any limitation under subsection (a) or (b) to the extent that
such waiver is necessary to carry on the foreign affairs functions of
the United States.
(2) Not less than 15 days before the President exercises a waiver
under paragraph (1), such agency head shall notify the Chairman of the
Committee on Foreign Relations of the Senate and the Chairman of the
Committee on International Relations of the House of Representatives.
Such notice shall include an explanation of the circumstances and
necessity for such waiver.
SEC. 2352. REPEAL OF AUTHORITY FOR SENIOR FOREIGN SERVICE PERFORMANCE
PAY.
(a) Repeal.--Section 405 of the Foreign Service Act of 1980 (22
U.S.C. 3965) is repealed.
(b) Conforming Amendment.--Section 2 of the Foreign Service Act of
1980 is amended in the table of contents by striking the item related
to section 405.
SEC. 2353. 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--
(A) striking ``and'' before ``members of the
families of such members and employees''; and
(B) by inserting immediately before the period ``,
and for care provided abroad) such other persons as are
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)'' after ``treatment'';
and
(3) by adding the following new subsections:
``(g)(1) In the case of a person who is a covered beneficiary, the
Secretary of State is authorized to collect from a third-party payer
the reasonable costs incurred by the Department of State on behalf of
such person for health care services to the same extent that the
covered beneficiary would be eligible to receive reimbursement or
indemnification from the third-party payer for such costs.
``(2) If the insurance policy, plan, contract, or similar agreement
of that third-party payer includes a requirement for a deductible or
copayment by the beneficiary of the plan, then the Secretary of State
may collect from the third-party payer only the reasonable costs of the
care provided less the deductible or copayment amount.
``(3) A covered beneficiary shall not be required to pay any
deductible or copayment for health care services under this 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; or
``(C) care provided by a provider with which the third-
party payer has no participation agreement.
``(5) No law of any State, or of any political subdivision of a
State, and no provision of any contract or agreement shall operate to
prevent or hinder recovery or collection by the United States under
this section.
``(6) As to the authority provided in paragraph (1) of this
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 purpose of permitting the third party to
verify--
``(A) that the care or services for which recovery or
collection is sought were furnished to the covered beneficiary;
and
``(B) that the provisions of such care or services to the
covered beneficiary meets criteria generally applicable under
the health plan contract involved, except that this paragraph
shall be subject to the provisions of paragraphs (2) and (4).
``(9) Amounts collected under this subsection or under 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) For purposes of this section--
``(A) the term `covered beneficiary' means an individual
eligible to receive health care under this section whose health
care costs are to be paid by a third-party payer under a
contractual agreement with such payer;
``(B) the term `services', as used in `health care
services' includes products; and
``(C) the term `third-party payer' means an entity that
provides a fee-for-service insurance policy, contract, or
similar agreement through the Federal Employees Health Benefit
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.--Subsection (a) shall take effect October 1,
1996.
TITLE XXIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
CHAPTER 1--GENERAL PROVISIONS
SEC. 2401. ELIMINATION OF PERMANENT AUTHORIZATION.
Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 is amended by striking subsection (e).
SEC. 2402. EXTENSION OF AU PAIR PROGRAMS.
Section 8 of the Eisenhower Exchange Fellowship Act of 1990 (Public
Law 101-454) is amended in the last sentence by striking ``fiscal year
1995'' and inserting ``fiscal year 1997''.
SEC. 2403. EDUCATIONAL AND CULTURAL EXCHANGES WITH HONG KONG.
The Director of the United States Information Agency shall conduct
programs of educational and cultural exchange between the United States
and the people of Hong Kong.
SEC. 2404. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS IN ASIA.
In carrying out programs of educational and cultural exchange in
Hong Kong, China, Vietnam, Cambodia, Tibet, Burma, and East Timor, the
Director of the United States Information Agency shall take appropriate
steps to provide opportunities for participation in such programs to
human rights and democracy leaders of such countries and persons who
are nationals but not residents of such countries.
SEC. 2405. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR
TIBETANS AND BURMESE.
(a) Establishment of Educational and Cultural Exchange for
Tibetans.--The Director of the United States Information Agency shall
establish programs of educational and cultural exchange between the
United States and the people of Tibet. Such programs shall include
opportunities for training and, as the Director considers appropriate,
may include the assignment of personnel and resources abroad.
(b) Scholarships for Tibetans and Burmese.--
(1) For each of the fiscal years 1996 and 1997, at least 30
scholarships shall be made available to Tibetan students and
professionals who are outside Tibet, and at least 15
scholarships shall be made available to Burmese students and
professionals who are outside Burma.
(2) Waiver.--Paragraph (1) shall not apply to the extent
that the Director of the United States Information Agency
determines that there are not enough qualified students to
fulfill such allocation requirement.
(3) Scholarship defined.--For the purposes of this section,
the term ``scholarship'' means an amount to be used for full or
partial support of tuition and fees to attend an educational
institution, and may include fees, books, and supplies,
equipment required for courses at an educational institution,
living expenses at a United States educational institution, and
travel expenses to and from, and within, the United States.
SEC. 2406. AVAILABILITY OF VOICE OF AMERICA AND RADIO MARTI
MULTILINGUAL COMPUTER READABLE TEXT AND VOICE RECORDINGS.
(a) In General.--Notwithstanding section 208 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C.
1461-1a) and the second sentence of section 501 of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the
Director of the United States Information Agency is authorized to make
available, upon request, to the Linguistic Data Consortium of the
University of Pennsylvania computer readable multilingual text and
recorded speech in various languages. The Consortium shall, directly or
indirectly as appropriate, reimburse the Director for any expenses
involved in making such materials available.
(b) Termination.--Subsection (a) shall cease to have effect 5 years
after the date of the enactment of this Act.
SEC. 2407. RETENTION OF INTEREST.
Notwithstanding any other provision of law, with the approval of
the National Endowment for Democracy, grant funds made available by the
National Endowment for Democracy may be deposited in interest-bearing
accounts pending disbursement and any interest which accrues may be
retained by the grantee and used for the purposes for which the grant
was made.
SEC. 2408. USIA OFFICE IN PRISTINA, KOSOVA.
(a) Establishment of Office.--The Director of the United States
Information Agency shall seek to establish an office in Pristina,
Kosova, for the following purposes:
(1) Disseminating information about the United States.
(2) Promoting discussions on human rights, democracy, rule
of law, and conflict resolution.
(3) Facilitating United States private sector involvement
in educational and cultural activities in Kosova.
(4) Advising the United States Government with respect to
public opinion in Kosova.
(b) Report to Congress.--Not later than April 1 of each year until
subsection (a) has been fully implemented, the Director of the United
States Information Agency shall submit a detailed report on
developments relating to the implementation of subsection (a) to the
appropriate congressional committees.
CHAPTER 2--INTERNATIONAL BROADCASTING
SEC. 2431. EXPANSION OF BROADCASTING BOARD OF GOVERNORS.
Section 304(b) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6203) is amended--
(1) in paragraph (1) by striking ``9'' and inserting
``11'';
(2) in paragraph (1)(A) by striking ``8'' and inserting
``10''; and
(3) in paragraph (3) by striking ``4'' and inserting ``5''.
SEC. 2432. PLAN FOR RADIO FREE ASIA.
Section 309(c) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6208(c)) is amended to read as follows:
``(c) Submission of Plan.--Not later than 90 days after the date of
the enactment of the Foreign Relations Authorization Act, Fiscal Years
1996 and 1997, 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 in accordance with this section. Such plan
shall include the following:
``(1) A description of the manner in which Radio Free Asia
would meet the funding limitations provided in subsection
(d)(4).
``(2) A description of the numbers and qualifications of
employees it proposes to hire.
``(3) How it proposes to meet the technical requirements
for carrying out its responsibilities under this section.''.
SEC. 2433. PILOT PROJECT FOR FREEDOM BROADCASTING TO ASIA.
(a) Authority.--The Director of the United States Information
Agency shall make grants for broadcasting to the People's Republic of
China, Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam. Such
broadcasting shall provide accurate and timely information, news, and
commentary about events in the respective countries of Asia and
elsewhere, and shall be a forum for a variety of opinions and voices
from within Asian nations whose people do not fully enjoy freedom of
expression.
(b) Purpose.--The purpose of such grants shall be to provide such
broadcasting on an interim basis during the period before Radio Free
Asia becomes fully operational.
(c) Applications.--In considering applications for grants, the
Director of the United States Information Agency shall give strong
preference to entities which (1) take advantage of the expertise of
political and religious dissidents and pro-democracy and human rights
activists from within the countries to whom broadcasting is directed,
including exiles from these countries; and (2) take advantage of
contracts or similar arrangements with existing broadcast facilities so
as to provide immediate broadcast coverage with low overhead.
(d) Plan.--Not later than 30 days after the date of the enactment
of this Act, the Director of the United States Information Agency shall
submit to the appropriate congressional committees a plan for
implementing this section which shall include details concerning
timetable for implementation, grant criteria, and grant application
procedures. The procedures and timetable should be designed to ensure
that grantees will begin broadcasting not later than 120 days after the
date of the enactment of this Act.
TITLE XXV--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
CHAPTER 1--GENERAL PROVISIONS
SEC. 2501. 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 at the end the
following new subsection:
``(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. 2502. REPEAL OF AUTHORITY FOR PARTICIPATION BY THE UNITED STATES
IN THE INTERPARLIAMENTARY UNION.
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) is repealed.
CHAPTER 2--UNITED NATIONS AND AFFILIATED AGENCIES AND ORGANIZATIONS
SEC. 2521. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--Of amounts authorized to be
appropriated for ``Assessed Contributions to International
Organizations'' by this Act, the President may withhold 20 percent of
the funds appropriated for the United States assessed contribution to
the United Nations or to any of its specialized agencies for any
calendar year if the 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 that
are the 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) Contributions for Prior Years.--Subject to the availability of
appropriations, payment of assessed contributions for prior years may
be made to the United Nations or any of its specialized agencies
notwithstanding subsection (a) if such payment would further United
States interests in that organization.
(d) Report to Congress.--Not later than February 1 of each year,
the President shall submit to the appropriate congressional committees
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. 2522. LIMITATION ON CONTRIBUTIONS TO THE UNITED NATIONS OR UNITED
NATIONS AFFILIATED ORGANIZATIONS.
The United States shall not make any voluntary or assessed
contribution--
(1) to any affiliated organization of the United Nations
which grants full membership as a state to any organization or
group that does not have the internationally recognized
attributes of statehood, or
(2) to the United Nations, if the United Nations grants
full membership as a state in the United Nations to any
organization or group that does not have the internationally
recognized attributes of statehood,
during any period in which such membership is effective.
SEC. 2523. REPORT ON UNICEF.
Not later than December 31, 1995, the Secretary of State shall
transmit to the appropriate congressional committees a report on (1)
the progress of UNICEF toward effective financial, program, and
personnel management; (2) the progress of UNICEF in shifting its
health, child survival, and maternal survival programs toward efficient
and low-overhead contractors, with particular emphasis on
nongovernmental organizations; and (3) the extent to which UNICEF has
demonstrated its commitment to its traditional mission of child health
and welfare and resisted pressure to become involved in functions
performed by other United Nations agencies.
SEC. 2524. 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. (a) Withholding of Contributions Related to the Role of
the Inspector General of the United Nations.--
``(1) Assessed contributions for regular united nations
budget.--For fiscal year 1996 and for each subsequent 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.--For fiscal year 1996 and for each subsequent
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.--For fiscal year 1996 and for each subsequent
fiscal year, the United States may not 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 records, documents, and
other available materials relating to those programs
and operations;
``(C) have direct and prompt access to any official
of the United Nations; and
``(D) have access to all records and officials of
the specialized agencies of the United Nations.
``(4) The United Nations has fully implemented, and made
available to all member states, procedures that effectively
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
that 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 reports of the Inspector
General are made available to the General Assembly without
modification.
``(7) The United Nations has provided, and is committed to
providing, sufficient budgetary resources to ensure the
effective operation of the United Nations Inspector General.''.
(b) Withholding of Contributions Related to Contracting of the
United Nations.--The United Nations Participation Act of 1945 (22
U.S.C. 287 et seq.) is further amended by adding at the end the
following new section:
``Sec. 11. (a) Withholding of Contributions Related to Timely
Notice of Contract Opportunities and Contract Awards.--
``(1) Withholding of assessed contributions for regular
united nations budget.--For fiscal year 1997 and for each
subsequent fiscal year, 10 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 paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the beginning
of that fiscal year, that the United Nations has implemented a
system requiring (A) prior notification for the submission of
all qualified bid proposals on all United Nations procurement
opportunities over $100,000 and (B) a public announcement of
the award of any contract over $100,000. To the extent
practicable, notifications shall be made in the Commerce
Business Daily.
``(b) Withholding of Contributions Related to Discrimination
Against Companies Which Challenge Contract Awards.--
``(1) Withholding of assessed contributions for regular
united nations budget.--For fiscal year 1997 and for each
subsequent fiscal year, 10 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 paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the beginning
of that fiscal year, that the procurement regulations of the
United Nations prohibit punitive actions such as the suspension
of contract eligibility for contractors who challenge contract
awards or complain about delayed payments.
``(c) Withholding of Contributions Related to Establishment of a
United Nations Contract Review Process.--
``(1) Withholding of assessed contributions for regular
united nations budget.--For fiscal year 1998 and for each
subsequent fiscal year, 10 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 paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the beginning
of that fiscal year, that the United Nations has established a
contract review process for contracts over $100,000 and a
process to assure unsuccessful bidders a timely opportunity to
challenge awards for contracts over $100,000 such bidders
consider to have been made improperly.''.
(c) Procurement Information.--Section 4(d) of the United Nations
Participation Act of 1945 (22 U.S.C. 287b(d)), as amended by section
407 of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236) is amended in paragraph (2)(B) by inserting
before the period ``, including local procurement contracts''.
TITLE XXVI--FOREIGN POLICY PROVISIONS
CHAPTER 1--MISCELLANEOUS FOREIGN POLICY PROVISIONS
SEC. 2601. 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. 2602. BOSNIA GENOCIDE JUSTICE ACT.
(a) Short Title.--This section may be cited as the ``Bosnia
Genocide Justice Act''.
(b) Policy.--
(1) In general.--Consistent with international law, it is
the policy of the United States to bring to justice persons
responsible for genocide, war crimes, crimes against humanity
and other serious violations of international humanitarian law
committed in the territory of the former Yugoslavia since 1991.
(2) Sense of congress.--The Congress urges the President--
(A) to collect or assist appropriate organizations
and individuals to collect relevant data on these
crimes committed in the former Yugoslavia;
(B) to share such data with the War Crimes Tribunal
for the former Yugoslavia established by the Security
Council of the United Nations;
(C) to assist United Nations efforts to
investigate, prosecute, and try those responsible for
genocide, war crimes, crimes against humanity and other
serious violations of international humanitarian law
committed in the territory of the former Yugoslavia
since 1991;
(D) to submit to the Congress implementing
legislation to enable compliance with requests and
orders of the tribunal; and
(E) to support the ongoing work of the Tribunal
through adequate financial contributions to the United
Nations Voluntary Fund for the War Crimes Tribunal for
the former Yugoslavia for 1996 and 1997.
(c) Reporting Requirement.--Beginning 6 months after the date of
enactment of this Act, and every 6 months thereafter during fiscal
years 1996 and 1997, the President shall submit a report describing the
steps taken to implement the provisions of this section to the
appropriate congressional committees.
SEC. 2603. EXPANSION OF COMMISSION ON SECURITY AND COOPERATION IN
EUROPE.
Section 3(a) 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) is amended--
(1) by striking ``twenty-one'' and inserting ``twenty-
nine''; and
(2) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Thirteen Members of the House of Representatives
appointed by the Speaker of the House of Representatives. Seven
Members shall be selected from the majority party and six
Members shall be selected, after consultation with the minority
leader of the House, from the minority party.
``(2) Thirteen Members of the Senate appointed by the
President of the Senate. Seven Members shall be selected from
the majority party of the Senate, after consultation with the
majority leader, and six Members shall be selected, after
consultation with the minority leader of the Senate, from the
minority party.''.
SEC. 2604. REPEAL OF TERMINATION OF PROVISIONS OF THE NUCLEAR
PROLIFERATION PREVENTION ACT OF 1994.
Part D of the Nuclear Proliferation Prevention Act of 1994 (part D
of title VIII of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995; Public Law 103-236; 108 Stat. 525) is hereby repealed.
SEC. 2605. ANNUAL ASSESSMENT.
The Secretary of State shall assess the impact of the foreign
policy of the United States on the ability of United States entities
engaged in the manufacture, sale, distribution, or provision of goods
or services to compete in foreign markets. The Secretary shall provide
such assessments annually to the Committee on International Relations
of the House of Representatives and the Committee on Foreign Relations
of the Senate and shall publish such assessments in the Federal
Register.
SEC. 2606. VERIFICATION OF MISSILE TECHNOLOGY CONTROL REGIME.
Not later than February 1, 1996, the Director of the Arms Control
and Disarmament Agency shall transmit to the Congress a report on the
capability of the United States to verify the Missile Technology
Control Regime, to include any applicable United States policy
statements, pursuant to section 37 of the Arms Control and Disarmament
Act.
SEC. 2607. BOSNIA AND HERZEGOVINA SELF-DEFENSE ACT.
(a) Short Title.--This section may be cited as the ``Bosnia and
Herzegovina Self-Defense Act''.
(b) Findings.--The Congress makes the following findings:
(1) The Serbian aggression against Bosnia and Herzegovina
continues into its third year, the violence has escalated and
become widespread, and ethnic cleansing by Serbs has been
renewed.
(2) It has been almost one year since the Bosnian
Government unconditionally, and on time, accepted the ``Contact
Group'' plan, which the Serb forces have rejected.
(3) The United Nations has failed to protect its declared
safe havens from continuing and relentless Serbian aggression,
and has failed to order North Atlantic Treaty Organization
(NATO) air strikes against Serb forces in retaliation for their
attacks on Sarajevo, despite calls from its own field commander
to do so.
(4) The United Nations Security Council has not considered
a resolution providing for the multilateral termination of the
arms embargo against Bosnia and Herzegovina, which would be the
preferred course of action to allow that country to defend
itself.
(5) The United Nations Security Council has not taken
measures necessary to maintain international peace and security
in Bosnia and Herzegovina since the aggression against that
country begin in April 1992.
(6) For the reasons stated in section 520 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), the Congress has found that continued application
of an international arms embargo to the Government of Bosnia
and Herzegovina contravenes that Government's inherent right of
individual or collective self-defense under Article 51 of the
United Nations Charter, and therefore is inconsistent with
international law.
(c) Statement of Purpose.--The Congress supports the efforts of the
Government of the Republic of Bosnia and Herzegovina--
(1) to defend its people and the territory of the Republic;
(2) to preserve the sovereignty, independence, and
territorial integrity of the Republic; and
(3) to bring about a peaceful, just, fair, viable, and
sustainable settlement of the conflict in Bosnia and
Herzegovina.
(d) Termination of Arms Embargo.--
(1) Termination.--The President shall terminate the United
States arms embargo of the Government of Bosnia and Herzegovina
upon receipt from that Government of a request for assistance
in exercising its right of self-defense under Article 51 of the
United States Charter.
(2) Definition.--As used in this section, the term ``United
States arms embargo of the Government of Bosnia and
Herzegovina'' means the application to the Government of Bosnia
and Herzegovina of--
(A) the policy adopted July 10, 1991, and published
in the Federal Register of July 19, 1991 (58 F.R.
33322) under the heading ``Suspension of Munitions
Export Licensees to Yugoslavia''; and
(B) any similar policy applied by the United States
Government as of the date of receipt of the request
described in paragraph (1) pursuant to which approval
is denied for transfers of defense articles and defense
services to the former Yugoslavia.
(3) Rule of construction.--Nothing in this section shall be
interpreted as authorization for deployment of United States
forces in the territory of Bosnia and Herzegovina for any
purpose, including training, support, or delivery of military
equipment.
CHAPTER 2--RELATING TO THE UNITED STATES-NORTH KOREA AGREED FRAMEWORK
AND THE OBLIGATIONS OF NORTH KOREA UNDER THAT AND PREVIOUS AGREEMENTS
WITH RESPECT TO THE DENUCLEARIZATION OF THE KOREAN PENINSULA AND
DIALOGUE WITH THE REPUBLIC OF KOREA
SEC. 2641. FINDINGS.
The Congress makes the following findings:
(1) The United States-Democratic People's Republic of Korea
Agreed Framework (hereafter in this chapter referred to as the
``Agreed Framework''), entered into on October 21, 1994,
between the United States and North Korea, requires North Korea
to stop and eventually dismantle its graphite-moderated nuclear
reactor program and related facilities, and comply fully with
its obligations under the Treaty on the Non-Proliferation of
Nuclear Weapons, in exchange for alternative energy sources,
including interim supplies of heavy fuel oil for electric
generators and more proliferation-resistant light water reactor
technology.
(2) The Agreed Framework also commits North Korea to
``consistently take steps to implement the North-South Joint
Declaration on the Denuclearization of the Korean Peninsula''
and ``engage in North-South'' dialogue with the Republic of
Korea.
(3) The Agreed Framework does not indicate specific
criteria for full normalization of relations between the United
States and North Korea, and does not link the sequencing of
actions in the Agreed Framework with any time-frame for
carrying out the provisions of the North-South Joint
Declaration on the Denuclearization of the Korean Peninsula and
carrying out the dialogue between North Korea and the Republic
of Korea.
(4) The commitment by North Korea to carry out the letter
and spirit of the Agreed Framework has been put into doubt by
actions of North Korea since October 21, 1994, including the
suspected diversion of United States heavy fuel oil in apparent
contravention of the agreed purpose of the interim fuel
deliveries, the refusal to accept light water reactors from the
Republic of Korea, the harsh denunciations of the Government of
the Republic of Korea, and other actions contrary to the
commitment by North Korea to engage in a dialogue with such
Government, and the continued conduct of provocative, offensive
oriented military exercises.
(5) The nuclear threat posed by North Korea is just one of
a number of security concerns of the United States arising out
of the policies of North Korea.
SEC. 2642. CLARIFICATION OF NUCLEAR NONPROLIFERATION OBLIGATIONS OF
NORTH KOREA UNDER THE AGREED FRAMEWORK.
It is the sense of the Congress that in discussions or negotiations
with the Government of North Korea pursuant to the implementation of
the United States-Democratic People's Republic of Korea Agreed
Framework entered into on October 21, 1994, the President should uphold
the following minimum conditions relating to nuclear nonproliferation:
(1) All spent fuel from the graphite-moderated nuclear
reactors and related facilities of North Korea should be
removed from the territory of North Korea as is consistent with
the Agreed Framework.
(2) The International Atomic Energy Agency should have the
freedom to conduct any and all inspections that it deems
necessary to fully account for the stocks of plutonium and
other nuclear materials in North Korea, including special
inspections of suspected nuclear waste sites, before any
nuclear components controlled by the Nuclear Supplier Group
Guidelines are delivered for a light water reactor for North
Korea.
(3) The dismantlement of all declared graphite-based
nuclear reactors and related facilities in North Korea,
including reprocessing units, should be completed in accordance
with the Agreed Framework and in a manner that effectively bars
in perpetuity any reactivation of such reactors and facilities.
(4) The United States should suspend actions described in
the Agreed Framework if North Korea reloads its existing 5
megawatt nuclear reactor or resumes construction of nuclear
facilities other than those permitted to be built under the
Agreed Framework.
SEC. 2643. ROLE OF THE REPUBLIC OF KOREA UNDER THE AGREED FRAMEWORK.
It is further the sense of the Congress that the Republic of Korea
should play the central role in the project to provide light water
reactors to North Korea under the Agreed Framework.
SEC. 2644. FURTHER STEPS TO PROMOTE UNITED STATES SECURITY AND
POLITICAL INTERESTS WITH RESPECT TO NORTH KOREA.
It is further the sense of the Congress that, after the date of the
enactment of this Act, the President should not take further steps
toward upgrading diplomatic relations with North Korea beyond opening
liaison offices or relaxing trade and investment barriers imposed
against North Korea without--
(1) action by the Government of North Korea to engage in a
North-South dialogue with the Government of the Republic of
Korea to facilitate progress toward:
(A) holding a North Korea-South Korea Summit;
(B) resuming North-South joint military discussions
regarding steps to reduce tensions between North and
South Korea;
(C) expanding trade relations between North and
South Korea;
(D) promoting freedom of travel between North and
South Korea by citizens of both North and South Korea;
(E) cooperating in science and technology,
education, the arts, health, sports, the environment,
publishing, journalism, and other fields of mutual
interest;
(F) establishing postal and telecommunications
services between North and South Korea; and
(G) reconnecting railroads and roadways between
North and South Korea;
(2) significant progress toward implementation of the
North-South Joint Declaration on the Denuclearization of the
Korean Peninsula; and
(3) progress toward the achievement of several long-
standing United States policy objectives regarding North Korea
and the Korean Peninsula, including--
(A) reducing the number of military forces of North
Korea along the Demilitarized Zone and relocating such
military forces away from the Demilitarized Zone;
(B) prohibiting any movement by North Korea toward
the deployment of an intermediate range ballistic
missile system; and
(C) prohibiting the export by North Korea of
missiles and other weapons of mass destruction,
including related technology and components.
SEC. 2645. RESTRICTIONS ON ASSISTANCE TO NORTH KOREA AND THE KOREAN
PENINSULA ENERGY DEVELOPMENT ORGANIZATION.
(a) In General.--Chapter 1 of part III of the Foreign Assistance
Act of 1961 (22 U.S.C. 2370 et seq.) is amended by adding at the end
the following new section:
``SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KOREAN PENINSULA ENERGY
DEVELOPMENT ORGANIZATION.
``No assistance may be provided under this Act or any other
provision of law to North Korea or the Korean Peninsula Energy
Development Organization unless--
``(1) such assistance is provided in accordance with all
requirements, limitations, and procedures otherwise applicable
to the provision of such assistance for such purposes; and
``(2) the President--
``(A) notifies the congressional committees
specified in section 634A(a) of this Act prior to the
obligation of such assistance in accordance with the
procedures applicable to reprogramming notifications
under that section, irrespective of the amount of the
proposed obligation of such assistance; and
``(B) determines and reports to such committees
that the provision of such assistance is vital to the
national interests of the United States.''.
(b) Effective Date.--Section 620G of the Foreign Assistance Act of
1961, as added by subsection (a), applies with respect to assistance
provided to North Korea or the Korean Peninsula Energy Development
Organization on or after the date of the enactment of this Act.
CHAPTER 3--BURMA
SEC. 2651. UNITED STATES POLICY CONCERNING THE DICTATORSHIP IN BURMA.
(a) Sense of the Congress.--It is the sense of the Congress that
the President should take steps to encourage the United Nations
Security Council to--
(1) impose an international arms embargo on Burma;
(2) affirm support for human rights and the protection of
all Karen, Karenni, and other minorities in Burma;
(3) condemn Burmese officials responsible for crimes
against humanity;
(4) take steps to encourage multilateral assistance
programs for refugees from Burma in Thailand and India; and
(5) reduce United Nations activities in Burma, including
UNDP (United Nations Development Program), UNICEF (United
Nations Childrens Fund), UNFPA (United Nations Family Planning
Agency), World Health Organization (WHO), Food and Agriculture
Organization (FAO), and UNIDCP (United Nations International
Drug Control Program) activities.
(b) Reduction in Diplomatic Presence.--It is the sense of the
Congress that the President should reduce the diplomatic presence of
the United States in Burma by reducing the total number of the members
of the Foreign Service stationed in Burma on the date of enactment of
this Act.
CHAPTER 4--TORTURE
SEC. 2661. DEFINITIONS.
(a) Torture.--As used in this chapter, the term ``torture'' means
any act by which severe pain or suffering, whether physical or mental,
is intentionally inflicted on a person for such purposes as obtaining
from the person or a third person information or a confession,
punishing the person for an act the person or a third person has
committed or is suspected of having committed, or intimidating or
coercing the person or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted
by, at the instigation of, or with the consent or acquiescence of a
public official or other person acting in an official capacity. It does
not include pain or suffering arising only from, inherent in, or
incidental to lawful sanctions.
(b) Substantial Grounds for Believing.--As used in this chapter,
the term ``substantial grounds for believing'' means substantial
evidence.
(c) In Danger of Being Subjected to Torture.--As used in this
chapter, the term ``in danger of being subjected to torture'' means
circumstances in which a reasonable person would fear subjection to
torture.
(d) Involuntarily Return.--As used in this chapter, the term
``involuntarily return'' means to take action by which it is reasonably
foreseeable that a person will be required to return to a country
against the person's will, regardless of whether such return is induced
by physical force and regardless of whether the person is physically
present in the United States.
SEC. 2662. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN
OF PERSONS SUBJECTED TO TORTURE.
No funds authorized to be appropriated by this Act are authorized
to be available to expel, extradite, or otherwise involuntarily return
a person to a country in which there are substantial grounds for
believing the person would be in danger of being subjected to torture,
or to support, promote, or assist such involuntary return.
TITLE XXVII--CONGRESSIONAL STATEMENTS
SEC. 2701. 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, 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.
SEC. 2702. TERRITORIAL INTEGRITY OF BOSNIA AND HERZEGOVINA.
(a) Findings.--The Congress makes the following findings:
(1) The sovereign and independent state of Bosnia-
Herzegovina was formally recognized by the United States of
America on April 7, 1992.
(2) The sovereign and independent state of Bosnia-
Herzegovina was admitted as a full participating State of the
Conference on Security and Cooperation in Europe on April 30,
1992.
(3) The sovereign and independent state of Bosnia-
Herzegovina was admitted as a Member state of the United
Nations on May 22, 1992.
(4) The United States has declared its determination to
respect and put into practice the Declaration on Principles
Guiding Relations between Participating States contained in the
Final Act of the Conference on Security and Cooperation in
Europe.
(5) Each of the principles has been violated during the
course of war in Bosnia-Herzegovina: sovereign equality and
respect for the rights inherent in sovereignty, refraining from
the threat or use of force; inviolability of frontiers;
territorial integrity of States; peaceful settlement of
disputes; nonintervention in internal affairs; respect for
human rights and fundamental freedoms, including the freedom of
thought, conscience, religion or belief; equal rights and self-
determination of peoples; cooperation among States; and
fulfillment in good faith of obligations under international
law.
(6) Principle II of the Final Act commits the participating
States to ``refrain from any manifestation of force for the
purpose of inducing another participating State to renounce the
full exercise of its sovereign rights''.
(7) Principle III of the Final Act commits the
participating States to ``refrain from any demand for, or act
of, seizure and usurpation of part or all of the territory of
any participating State''.
(8) Principle IV of the Final Act commits the participating
States to ``respect the territorial integrity of each of the
participating States'' and ``refrain from any action
inconsistent with the purposes and principles of the Charter of
the United Nations against the territorial integrity, political
independence or the unity of any participating State''.
(9) The Charter of Paris for a New Europe commits the
participating States ``to cooperate in defending democratic
institutions against activities which violate the independence,
sovereign equality, or territorial integrity of the
participating States''.
(10) The Helsinki Document 1992 reaffirms ``the validity of
the guiding principles and common values of the Helsinki Final
Act and the Charter of Paris, embodying responsibilities of
States towards each other and of governments towards their own
people'' which serve as the ``collective conscience of our
community''.
(11) The Charter of the United Nations calls upon Member
states to respect the territorial integrity and political
independence of any state in keeping with the Purposes of the
United Nations.
(12) The sovereign and independent state of Bosnia-
Herzegovina has been and continues to be subjected to armed
aggression Bosnian Serb forces, Croatian Serb forces, and
others in violation of Final Act and the Charter.
(13) Unchecked armed aggression and genocide threatens the
lives of innocent civilians as well as the very existence of
the sovereign and independent state of Bosnia-Herzegovina.
(b) Sense of Congress.--It is the sense of the Congress that the
United States should refuse to recognize the incorporation of any of
the territory of Bosnia-Herzegovina into the territory of any
neighboring state or the creation of any new state or states within the
borders of Bosnia-Herzegovina resulting from the threat or use of
force, coercion, or any other means inconsistent with international
law.
SEC. 2703. THE LAOGAI SYSTEM OF POLITICAL PRISONS.
(a) Findings.--The Congress makes the following findings:
(1) The Chinese gulag, known as the Laogai, was created as
a primary means of political repression and control when the
Communists assumed power in China in 1949.
(2) The Laogai has caused millions of people to suffer
grave human rights abuses over the past 46 years, including
countless deaths.
(3) The Laogai continues to be used to incarcerate unknown
numbers of ordinary citizens for political reasons, including
workers, students, intellectuals, religious believers, and
Tibetans.
(4) So-called ``thought reform'' is a standard practice of
Laogai officials, and reports of torture are routinely received
by human rights organizations from Laogai prisoners and
survivors.
(5) Negotiations about unfettered access to Laogai
prisoners between the Chinese Government and the International
Red Cross have ceased.
(6) The Laogai is in reality a huge system of forced labor
camps in which political and penal criminals are slave laborers
producing an array of products for export throughout the world,
including the United States.
(7) The Chinese Government continues to maintain, as part
of its official propaganda and in defiance of significant
evidence to the contrary gathered by many human rights
organizations, that the Laogai is a prison system like any
other in the world.
(8) Testimony delivered before the Subcommittee on
International Operations and Human Rights of the Committee on
International Relations of the House of Representatives has
documented human rights abuses in the Laogai which continue to
this day.
(9) The American people have repeatedly expressed their
abhorrence of forced labor camps systems, whether they be
operated by the Nazis, Soviet Communists, or any other
political ideology.
(b) Sense of Congress.--It is the sense of the Congress that the
President should--
(1) publicly condemn the continued existence of the Laogai,
and call upon the Government of the People's Republic of China
to dismantle it, and release all of its political prisoners;
and
(2) instruct the appropriate diplomatic representatives of
the United States to cause a resolution condemning the Laogai
to be put before the United Nations Human Rights Commission and
work for its passage.
SEC. 2704. CONCERNING THE USE OF FUNDS TO FURTHER NORMALIZE RELATIONS
WITH VIETNAM.
It is the sense of the Congress that none of the funds authorized
to be appropriated or otherwise made available by this Act may be
obligated or expended to further normalize diplomatic relations between
the United States and Vietnam, until Vietnam--
(1) releases all of its political and religious prisoners;
(2) accounts for American POWs and MIAs from the Vietnam
War;
(3) holds democratic elections; and
(4) institutes policies which protect human rights.
SEC. 2705. DECLARATION OF CONGRESS REGARDING UNITED STATES GOVERNMENT
HUMAN RIGHTS POLICY TOWARD CHINA.
(a) Findings.--The Congress makes the following findings:
(1) According to the 1994 State Department Country Reports
on Human Rights Practices there continue to be ``widespread and
well-documented human rights abuses in China, in violation of
internationally accepted norms . . . (including) arbitrary and
lengthy incommunicado detention, torture, and mistreatment of
prisoners. The regime continued severe restrictions on freedoms
of speech, press assembly and association, and tightened
controls on the exercise of these rights during 1994. Serious
human rights abuses persisted in Tibet and other areas
populated by ethnic minorities''.
(2) The President, in announcing his decision on Most
Favored Nation trading status for China in May 1994 stated
that, ``China continues to commit very serious human rights
abuses. Even as we engage the Chinese on military, political,
and economic issues, we intend to stay engaged with those in
China who suffer from human rights abuses. The United States
must remain a champion of their liberties''.
(b) Sense of Congress.--It is the sense of the Congress that the
President should take the following actions:
(1) Decline the invitation to visit China until and unless
there is dramatic overall progress on human rights in China and
Tibet and communicate to the Government of China that such a
visit cannot take place without such progress. Indications of
overall progress would include the release of hundreds of
political, religious, and labor activists; an agreement to
allow unhindered confidential access to prisoners by
international humanitarian agencies; enactment of major legal
reforms such as an end to all restrictions on the exercise of
freedom of religion, revocation of the 1993 state security law,
and the abolition of all so-called ``counter-revolutionary''
crimes; an end to forced abortion, forced sterilization, and
the provision by government facilities of human fetal remains
for consumption as food; and a decision to allow unrestricted
access to Tibet by foreign media and international human rights
monitors.
(2) Seek to develop an agreement on a multilateral strategy
to promote human rights in China with other members of the G-7,
beginning with the meeting of the G-7 industrial partners
scheduled for June 1995 in Halifax, Nova Scotia. Such an
agreement should include efforts to encourage greater
cooperation by the Government of China with the human rights
rapporteurs and working groups of the United Nations Human
Rights Commission, as well as bilateral and multilateral
initiatives to secure the unconditional release of imprisoned
peaceful pro-democracy advocates such as Wei Jingsheng.
(3) Instruct the United States delegates to the United
Nations Fourth World Conference on Women in September 1995 to
vigorously and publicly support nongovernmental organizations
that may be subjected to harassment or to restrictions or
limitations on their activities, access to the media, or to
channels of communication during the conference by the
Government of China and to protest publicly and privately any
actions by the Government of China aimed at punishing or
repressing Chinese citizens who seek to peacefully express
their views or communicate with foreign citizens or media
during or following the United Nations Conference.
(4) Extend an invitation to the Dalai Lama to visit
Washington, District of Columbia, in 1995.
(c) United States Government Human Rights Policy Toward China.--It
shall be the policy of the United States Government to continue to
promote internationally recognized human rights and worker rights in
China and Tibet. The President shall submit the following reports on
the formulation and implementation of United States human rights policy
toward China and the results of that policy to the International
Relations Committee of the House of Representatives :
(1) Not later than 90 days after the date of enactment of
this Act, the President shall report on the status of the ``new
United States Human Rights Policy for China'' announced by the
President on May 26, 1994, including an assessment of the
implementation and effectiveness of the policy in bringing
about human rights improvements in China and Tibet, with
reference to the following specific initiatives announced on
that date:
(A) High-level dialogue on human rights.
(B) Voluntary principles in the area of human
rights for United States businesses operating in China.
(C) Increased contact with and support for groups
and individuals in China promoting law reform and human
rights.
(D) Increased exchanges to support human rights law
reform in China.
(E) The practice of all United States officials who
visit China to meet with the broadest possible spectrum
of Chinese citizens.
(F) Increased efforts to press United States views
on human rights in China at the United Nations, the
United Nations Human Rights Commission, and other
international organizations.
(G) A plan of international actions to address
Tibet's human rights problems and to promote
substantive discussions between the Dalai Lama and the
Chinese Government.
(H) Efforts to use the 1995 United Nations Women's
Conference in Beijing to expand freedoms of speech,
association, and assembly, as well as the rights of
women, in China.
(I) An information strategy for promoting human
rights by expanding Chinese and Tibetan language
broadcasts on the Voice of America and establishing
Radio Free Asia.
(J) Encouraging the Chinese Government to permit
international human rights groups to operate in and
visit China.
The report required by this paragraph shall also assess the
progress, if any, of the People's Republic of China toward
ending forced abortion, forced sterilization, and other
coercive population control practices.
(2) Not later than 120 days after the date of enactment of
this Act, the President shall report on the status of Chinese
Government compliance with United States laws prohibiting the
importation into the United States of forced labor products,
including (but not limited to) a complete assessment and report
on the implementation of the Memorandum of Understanding signed
by the United States and China in 1992. The report shall
include (but not be limited to) the following:
(A) All efforts made by the United States Customs
Service from 1992 until the date of the report to
investigate forced labor exports and to conduct
unannounced unrestricted inspections of suspected
forced labor sites in China, and the extent to which
Chinese authorities cooperated with such
investigations.
(B) Recommendations of what further steps might be
taken to enhance United States effectiveness in
prohibiting forced labor exports to the United States
from China.
SEC. 2706. CONCERNING THE UNITED NATIONS VOLUNTARY FUND FOR VICTIMS OF
TORTURE.
It is the sense of the Congress that the President, acting through
the United States Permanent Representative to the United Nations,
should--
(1) request the United Nations Voluntary Fund for Victims
of Torture--
(A) to find new ways to support and protect
treatment centers that are carrying out rehabilitative
services for victims of torture; and
(B) to encourage the development of new such
centers;
(2) use the voice and vote of the United States to support
the work of the Special Rapporteur on Torture and the Committee
Against Torture established under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; and
(3) use the voice and vote of the United States to
establish a country rapporteur or similar procedural mechanism
to investigate human rights violations in a country if either
the Special Rapporteur or the Committee Against Torture
indicates that a systematic practice of torture is prevalent in
that country.
SEC. 2707. RECOMMENDATIONS OF THE PRESIDENT FOR REFORM OF WAR POWERS
RESOLUTION.
It is the sense of the Congress that the President should transmit
to the Congress recommendations for reform of the War Powers Resolution
(50 U.S.C. 1541 et seq.) in order to permit the Congress and the
President to more effectively fulfill their constitutional
responsibilities with respect to the deployment of United States Armed
Forces abroad.
SEC. 2708. CONFLICT IN KASHMIR.
It is the sense of the Congress that the United States reiterates
the need for all parties to the conflict in Kashmir to enter into
negotiations and resolve the conflict peacefully. The Congress urges
the executive branch to work with all
parties to facilitate a peaceful negotiated settlement of the Kashmir
conflict.
SEC. 2709. UNITED STATES RELATIONS WITH THE FORMER YUGOSLAV REPUBLIC OF
MACEDONIA (FYROM).
It is the sense of the Congress that the Former Yugoslav Republic
of Macedonia (FYROM) should be eligible for all United States foreign
assistance programs, including programs of the Export-Import Bank and
the Overseas Private Investment Corporation, if the government
continues to respect the rights of all ethnic minorities.
SEC. 2710. SENSE OF THE CONGRESS RELATING TO INDONESIA.
It is the sense of the Congress that--
(1) the United States should continue to urge progress in
promotion and protection of internationally recognized human
rights by the Government of Indonesia;
(2) in its bilateral relations with the Government of
Indonesia, the United States should place a high priority on
public and private efforts to urge the Government of Indonesia
to take specific steps to remove restrictions of freedom of
expression and association, to allow freedom of the press, to
allow freedom of religion, to end arbitrary arrests and torture
and ill-treatment, to cease official attacks on nongovernmental
organizations, to end the widespread denial of worker rights,
and to hold members of the military accountable for human
rights abuses;
(3) with respect to the situation in East Timor, the United
States should call on the Government of Indonesia to make
public the complete findings of the investigations into the
killings of unarmed civilians in Liquica on January 12, 1995,
including the reports of the Army Council of Military Honor and
the findings of the National Human Rights Commission, and that
those responsible for the killings be identified and brought to
justice;
(4) the United States should continue to press the
Government of Indonesia to fully comply with the 1994 and 1995
recommendations of the United Nations Human Rights Commission
regarding the need for a full accounting of the Dili incident
of November 1991;
(5) the United States should urge the Government of
Indonesia to allow independent human rights monitoring
organizations and foreign journalists unhindered access to East
Timor;
(6) the United States should urge the Government of
Indonesia to respect free practice of religion, including
Christianity, in Indonesia, including East Timor; and
(7) the President should instruct the United States
delegates to the annual Indonesia aid consortium donor meeting
in July 1995 to again raise concerns about human rights
violations in Indonesia, including restrictions of freedom of
the press, attacks on nongovernmental organizations, and
widespread violations of human rights in East Timor.
SEC. 2711. DISPLACED PERSONS.
It is the sense of the Congress that of the amounts made available
to the United Nations Development Program (and United Nations
Development Program-Administered Funds), at least $20,000,000 for
fiscal year 1996 and $20,000,000 for fiscal year 1997 should be
available for programs and services conducted in cooperation with the
International Organization for Migration, the International Committee
for the Red Cross, and nongovernmental organizations, for persons who
are displaced within their countries of nationality.
SEC. 2712. POLICY TOWARD IRAN.
(a) Iran's Acts of International Terrorism.--The Congress makes the
following findings with respect to Iran's acts of international
terrorism:
(1) As cited by the Department of State, the Government of
Iran was the greatest supporter of state terrorism in 1992,
supporting over 20 terrorist acts, including the bombing of the
Israeli Embassy in Buenos Aires that killed 29 people.
(2) As cited by the Department of State, the Government of
Iran is a sponsor of radical religious groups that have used
terrorism as a tool. These include such groups as Hezballah,
HAMAS, the Turkish Islamic Jihad, and the Popular Front for the
Liberation of Palestine-General Command (PFLP-GC).
(3) As cited by the Department of State, the Government of
Iran has resorted to international terrorism as a means of
obtaining political gain. These actions have included not only
the assassination of former Prime Minister Bakhitiar, but the
death sentence imposed on Salman Rushdie, and the assassination
of the leader of the Kurdish Democratic Party of Iran.
(4) As cited by the Department of State and the Vice
President's Task Force on Combating Terrorism, the Government
of Iran has long been a proponent of terrorist actions against
the United States, beginning with the takeover of the United
States Embassy in Tehran in 1979. Iranian support of extremist
groups has led to the following attacks upon the United States
as well:
(A) The car bomb attack on the United States
Embassy in Beirut killing 49 in 1983 by the Hezballah.
(B) The car bomb attack on the United States Marine
Barracks in Beirut killing 241 in 1983 by the
Hezballah.
(C) The assassination of American University
President in 1984 by the Hezballah.
(D) The kidnapping of all American hostages in
Lebanon from 1984-86 by the Hezballah.
(5) The Government of Iran provides several hundred million
dollars annually in financial and logistical support to
organizations that use terrorism and violence as a tool to
undermine the Middle East peace process.
(6) The Government of Iran provides financial, political,
and logistical support and safe haven to groups that seek the
violent overthrow of secular governments in the Middle East and
North Africa.
(b) Iran's Program To Acquire Weapons of Mass Destruction and the
Means by Which to Deliver Them.--The Congress makes the following
findings with respect to Iran's program to acquire weapons of mass
destruction and the means by which to deliver them--
(1) the Government of Iran has intensified its efforts to
develop weapons of mass destruction and the means by which to
deliver them;
(2) given Iran's petroleum reserves, the desire of the
Government of Iran to obtain gas centrifuge equipment and light
water nuclear power reactors clearly demonstrates what had
already been apparent, that Iran seeks to develop its nuclear
weapons capability; and
(3) Iran has been relentless in its attempt to acquire the
missiles needed to deliver nuclear and chemical weapons.
(c) Iran's Violations of Human Rights.--The Congress makes the
following findings with respect to Iran's violations of human rights:
(1) As cited by the 1991 United Nations Special
Representative on Human Rights, Amnesty International, and the
United States Department of State, the Government of Iran has
conducted assassinations outside of Iran, such as that of
former Prime Minister Shahpour Bakhitiar for which the
Government of France issued arrest warrants for several Iranian
governmental officials.
(2) As cited by the 1991 United Nations Special
Representative on Human Rights and by Amnesty International,
the Government of Iran has conducted revolutionary trials which
do not meet internationally recognized standards of fairness or
justice. These trials have included such violations as a lack
of procedural safeguards, trial times of 5 minutes or less,
limited access to defense counsel, forced confessions, and
summary executions.
(3) As cited by the 1991 United Nations Special
Representative on Human Rights, the Government of Iran
systematically represses its Baha'i population. Persecutions of
this small religious community include assassinations,
arbitrary arrests, electoral prohibitions, and denial of
applications for documents such as passports.
(4) As cited by the 1991 United Nations Special
Representative on Human Rights, the Government of Iran
suppresses opposition to its government. Political
organizations such as the Freedom Movement are banned from
parliamentary elections, have their telephones tapped and their
mail opened, and are systematically harassed and intimidated.
(5) As cited by the 1991 United Nations Special
Representative on Human Rights and Amnesty International, the
Government of Iran has failed to recognize the importance of
international human rights. This includes suppression of
Iranian human rights movements such as the Freedom Movement,
lack of cooperation with international human rights
organizations such as the International Red Cross, and an
overall apathy toward human rights in general. This lack of
concern prompted the Special Representative to state in his
report that Iran had made ``no appreciable progress towards
improved compliance with human rights in accordance with the
current international instruments''.
(6) As cited by Amnesty International, the Government of
Iran continues to torture its political prisoners. Torture
methods include burns, arbitrary blows, severe beatings, and
positions inducing pain.
(d) United States Policy and Response.--The Congress makes the
following findings with respect to United States policy and response to
Iran:
(1) The actions by the Government of Iran identified in
subsections (a), (b), and (c) threaten the national security
and offend the democratic values of the United States and many
other nations in the Middle East and elsewhere.
(2) In response to this record of violent, destabilizing,
and antidemocratic conduct, it has been the policy of the
United States to seek to isolate the Government of Iran
diplomatically and economically, thereby making the
continuation of such conduct increasingly costly.
(3) The policies the United States has pursued in an effort
to pressure the Government of Iran diplomatically and
economically have included refusing to conduct normal
diplomatic relations with Iran; barring the importation of
Iranian oil and other products into the United States;
prohibiting the export or reexport to Iran of weapons or of
goods or technology with potential military uses; voting
against all loans to Iran by international financial
institutions; and, most recently, imposing a total economic
embargo on Iran.
(4) To further increase the cost to the Government of Iran
of its objectionable conduct the United States has urged other
countries with economic ties to Iran to take equivalent steps
to isolate Iran economically and diplomatically.
(e) Congressional Declarations.--The Congress makes the following
declarations:
(1) The imposition of an economic embargo on Iran by
President Clinton was an important and necessary measure to
increase economic and political pressure on Iran.
(2) The President should, as a matter of the highest
priority, intensify efforts to persuade Iran's leading trade
partners and creditors to join with the United States in
ceasing all trade with Iran and ending any rescheduling or
other relaxation of debts owed to them.
(3) The President should take whatever steps are
appropriate to dissuade those who are aiding Iran's efforts to
develop nuclear weapons and the means by which to deliver them
from continuing such assistance.
(4) The United States should convene a special summit of
the world's leading heads of state to address the issue of
international terrorism and the means for improving the efforts
to combat international terrorism.
(5) The Secretary of State should promptly take steps to
strengthen each of the existing multilateral nonproliferation
regimes to make them more effective in counteracting rogue
regimes such as Iran.
(6) The President should make the development of a
multilateral economic embargo on Iran a top priority on the
agenda at the meeting of the G--7 industrial partners scheduled
for June 1995 in Halifax, Nova Scotia.
SEC. 2713. CONFLICT IN CHECHNYA.
(a) Findings.--The Congress finds the following:
(1) Russian troops advanced into Chechnya on December 10,
1994, and were met with strong resistance from Chechen rebels
who have now moved to the Caucasus mountains where they are
engaging in what even the most optimistic Russian military
officers predict will be a drawn-out guerrilla war.
(2) The cost of the Chechen battle is estimated to cost the
Government of Russia at least $2,000,000,000 and could
exacerbate the budget deficit of the Government of Russia.
(3) The United States has approved over $2,400,000,000 in
loan guarantees through the Export-Import Bank of the United
States and the Overseas Private Investment Corporation.
(4) The United States has provided Russia with significant
direct assistance to promote a free market economy, support
democracy, meet humanitarian needs, and dismantle nuclear
weapons.
(b) Declaration of Policy.--The Congress declares the following:
(1) United States investment in Russia has been significant
in promoting democracy and stabilizing the economy of Russia
and this progress could be imperiled by Russia's continued war
in Chechnya.
(2) The inability to negotiate an end to this crisis and
the resulting economic implications could adversely affect the
ability of Russia to fulfill its commitments to the
International Monetary Fund, the Export-Import Bank of the
United States, and the Overseas Private Investment Corporation.
(3) In further contacts with President Yeltsin, it is
imperative that President Clinton repeat his call for an
immediate end to the war in Chechnya.
SEC. 2714. UNITED STATES DELEGATION TO THE FOURTH WORLD CONFERENCE ON
WOMEN IN BEIJING.
It is the sense of the Congress that the United States delegation
to the Fourth World Conference on Women should include at least one
representative of a United States-based nongovernmental organization
representing Tibetan women.
SEC. 2715. FEMALE GENITAL MUTILATION.
(a) Findings.--The Congress finds that--
(1) female genital mutilation is a violation of women's
basic human rights;
(2) female genital mutilation constitutes a major health
risk to women, with lifelong physical and psychological
consequences; and
(3) female genital mutilation should not be condoned by any
government.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the President should seek to end the practice of female
genital mutilation worldwide through the active cooperation and
participation of governments in countries where female genital
mutilation takes place; and
(2) steps to end the practice of female genital mutilation
should include--
(A) encouraging nations to establish clear policies
against female genital mutilation and enforcing
existing laws which prohibit it;
(B) assisting nations in creating culturally
appropriate outreach programs that include education
and counseling about the dangers of female genital
mutilation for women and men of all ages; and
(C) ensuring that all appropriate programs in which
the United States participates include a component
pertaining to female genital mutilation, so as to
ensure consistency across the spectrum of health and
child related programs conducted in any country in
which female genital mutilation is known to be a
problem.
SEC. 2716. SENSE OF THE CONGRESS REGARDING SYRIAN OCCUPATION OF
LEBANON.
It is the sense of the Congress that--
(1) the Government of Syria should comply with the Taif
Agreement and withdraw all of its troops from Lebanon;
(2) the United States should use its contacts at the
highest level of the Syrian Government to encourage the
Government of Syria to withdraw all of its troops from Lebanon
within a timeframe to be negotiated between the Syrian and
Lebanese Governments; and
(3) the Secretary of State should inform the Congress as to
the actions the United States has taken to encourage withdrawal
of all Syrian troops from Lebanon.
DIVISION C--FOREIGN ASSISTANCE AUTHORIZATIONS
SEC. 3001. SHORT TITLE.
This division may be cited as the ``Foreign Aid Reduction Act of
1995''.
SEC. 3002. DECLARATION OF POLICY.
The Congress declares the following:
(1) United States leadership overseas must be maintained to
support our vital national security, economic, and humanitarian
interests.
(2) As part of this leadership, United States foreign
assistance programs are essential to support these national
interests.
(3) However, United States foreign assistance programs can
be responsibly reduced while maintaining United States
leadership overseas.
TITLE XXXI--DEFENSE AND SECURITY ASSISTANCE
CHAPTER 1--MILITARY AND RELATED ASSISTANCE
Subchapter A--Foreign Military Financing Program
SEC. 3101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grant assistance under
section 23 of the Arms Export Control Act (22 U.S.C. 2763) and for the
subsidy cost, as defined in section 502(5) of the Federal Credit Reform
Act of 1990, of direct loans under such section--
(1) $3,284,440,000 for fiscal year 1996; and
(2) $3,226,020,000 for fiscal year 1997.
SEC. 3102. ADMINISTRATIVE EXPENSES.
Of the amounts made available for fiscal years 1996 and 1997 for
assistance under the ``Foreign Military Financing Program'' account
under section 23 of the Arms Export Control Act (22 U.S.C. 2763), not
more than $24,020,000 for each such fiscal year may be made available
for necessary expenses for the general costs of administration of
military assistance and sales, including expenses incurred in
purchasing passenger motor vehicles for replacement for use outside the
United States.
SEC. 3103. ASSISTANCE FOR ISRAEL.
(a) Minimum Allocation.--Of the amounts made available for fiscal
years 1996 and 1997 for assistance under the ``Foreign Military
Financing Program'' account under section 23 of the Arms Export Control
Act (22 U.S.C. 2763), not less than $1,800,000,000 for each such fiscal
year shall be available only for Israel.
(b) Terms of Assistance.--
(1) Grant basis.--The assistance provided for Israel for
each fiscal year under subsection (a) shall be provided on a
grant basis.
(2) Expedited disbursement.--Such assistance shall be
disbursed--
(A) with respect to fiscal year 1996, not later
than 30 days after the date of the enactment of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996, or by October 31,
1995, whichever is later; and
(B) with respect to fiscal year 1997, not later
than 30 days after the date of the enactment of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, or by October 31,
1996, whichever is later.
(3) Advanced weapons systems.--To the extent that the
Government of Israel requests that funds be used for such
purposes, funds described in subsection (a) shall, as agreed by
the Government of Israel and the Government of the United
States, be available for advanced weapons systems, of which not
less than $475,000,000 for each fiscal year shall be available
only for procurement in Israel of defense articles and defense
services, including research and development.
(c) Foreign Military Sales.--Section 21(h) of the Arms Export
Control Act (22 U.S.C. 2761(h)) is amended--
(1) in paragraph (1)(A), by inserting ``or the Government
of Israel'' after ``North Atlantic Treaty Organization''; and
(2) in paragraph (2), by striking ``or to any member
government of that Organization if that Organization or member
government'' and inserting ``, any member government of that
Organization, or the Government of Israel, if the Organization,
member government, or Government of Israel, as the case may
be,''.
SEC. 3104. ASSISTANCE FOR EGYPT.
(a) Minimum Allocation.--Of the amounts made available for fiscal
years 1996 and 1997 for assistance under the ``Foreign Military
Financing Program'' account under section 23 of the Arms Export Control
Act (22 U.S.C. 2763), not less than $1,300,000,000 for each such fiscal
year shall be available only for Egypt.
(b) Terms of Assistance.--The assistance provided for Egypt for
each fiscal year under subsection (a) shall be provided on a grant
basis.
SEC. 3105. LOANS FOR GREECE AND TURKEY.
Of the amounts made available for fiscal year 1996 under section 23
of the Arms Export Control Act (22 U.S.C. 2763)--
(1) not more than $26,620,000 shall be made available for
the subsidy cost, as defined in section 502(5) of the Federal
Credit Reform Act of 1990, of direct loans for Greece; and
(2) not more than $37,800,000 shall be made available for
such subsidy cost of direct loans for Turkey.
SEC. 3106. TERMS OF LOANS.
Section 31(c) of the Arms Export Control Act (22 U.S.C. 2771(c)) is
amended to read as follows:
``(c) Loans available under section 23 shall be provided at rates
of interest that are not less than the current average market yield on
outstanding marketable obligations of the United States of comparable
maturities.''.
SEC. 3107. NONREPAYMENT OF GRANT ASSISTANCE.
Section 23 of the Arms Export Control Act (22 U.S.C. 2763) is
amended by adding at the end the following new subsection:
``(f) Notwithstanding any other provision of this section, the
President shall not require repayment of any assistance provided on a
grant basis under this section to a foreign country or international
organization.''.
SEC. 3108. ADDITIONAL REQUIREMENTS.
(a) Availability of Funds for Procurement of Defense Articles,
Services, and Design and Construction Services not Sold by United
States Government.--Section 23 of the Arms Export Control Act (22
U.S.C. 2763), as amended by this Act, is further amended by adding at
the end the following new subsection:
``(g) Funds made available to carry out this section for a fiscal
year may be made available to a foreign country or international
organization for the purpose of financing the procurement of defense
articles, defense services, and design and construction services that
are not sold by the United States Government under this Act only--
``(1) with respect to a country that is a member country of
the North Atlantic Treaty Organization, a major non-NATO ally,
or Jordan for which assistance was justified under this section
in the annual congressional presentation documents under
section 634 of the Foreign Assistance Act of 1961 for that
fiscal year; and
``(2) if such country or international organization enters
into an agreement with the United States Government that
specifies the terms and conditions under which such
procurements shall be financed with such funds.''.
(b) Audit of Certain Private Firms.--Section 23 of such Act (22
U.S.C. 2763), as amended by this Act, is further amended by adding at
the end the following new subsection:
``(h) For each fiscal year, the Secretary of Defense, as requested
by the Director of the Defense Security Assistance Agency, shall
conduct audits on a nonreimbursable basis of private firms that have
entered into contracts with foreign governments under which defense
articles, defense services, or design and construction services are to
be procured by such firms for such governments from financing under
this section.''.
(c) Prohibition on Use of Funds for the Transport of Aircraft to
Commercial Arms Sales Shows.--Section 23 of such Act (22 U.S.C. 2763),
as amended by this Act, is further amended by adding at the end the
following new subsection:
``(i) Funds made available to carry out this section may not be
used to facilitate the transport of aircraft to commercial arms sales
shows.''.
(d) Notification Requirement With Respect to Cash Flow Financing.--
Section 23 of such Act (22 U.S.C. 2763), as amended by this Act, is
further amended by adding at the end the following new subsection:
``(j)(1) For each country and international organization that has
been approved for cash flow financing under this section, any letter of
offer and acceptance or other purchase agreement, or any amendment
thereto, for a procurement of defense articles, defense services, or
design and construction services in excess of $100,000,000 that is to
be financed in whole or in part with funds made available under this
Act or the Foreign Assistance Act of 1961 shall
be submitted to the congressional committees specified in section
634A(a) of the Foreign Assistance Act of 1961 in accordance with the
procedures applicable to reprogramming notifications under that
section.
``(2) For purposes of this subsection, the term `cash flow
financing' has the meaning given such term in the second subsection (d)
of section 25.''.
(e) Limitations on Use of Funds for Direct Commercial Contracts.--
Section 23 of such Act (22 U.S.C. 2763), as amended by this Act, is
further amended by adding at the end the following new subsection:
``(k) Of the amounts made available for a fiscal year to carry out
this section, not more than $100,000,000 for such fiscal year may be
made available for countries other than Israel and Egypt for the
purpose of financing the procurement of defense articles, defense
services, and design and construction services that are not sold by the
United States Government under this Act.''.
(f) Use of Funds for Demining Activities.--Section 23 of such Act
(22 U.S.C. 2763), as amended by this Act, is further amended by adding
at the end the following new subsection:
``(l) Notwithstanding any other provision of law, funds made
available to carry out this section may be used for demining
activities, and may include activities implemented through
nongovernmental and international organizations.''.
Subchapter B--Other Assistance
SEC. 3121. DEFENSE DRAWDOWN SPECIAL AUTHORITIES.
(a) Unforeseen Emergency Drawdown.--Section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) is amended by
striking ``$75,000,000'' and inserting ``$100,000,000''.
(b) Additional Drawdown.--Section 506 of such Act (22 U.S.C. 2318)
is amended--
(1) in subsection (a)(2)(A), by striking ``defense articles
from the stocks'' and all that follows and inserting the
following: ``articles and services from the inventory and
resources of any agency of the United States Government and
military education and training from the Department of Defense,
the President may direct the drawdown of such articles,
services, and military education and training--
``(i) for the purposes and under the authorities
of--
``(I) chapter 8 of part I (relating to
international narcotics control assistance);
``(II) chapter 9 of part I (relating to
international disaster assistance); or
``(III) the Migration and Refugee
Assistance Act of 1962; or
``(ii) for the purpose of providing such articles,
services, and military education and training to
Vietnam, Cambodia, and Laos as the President determines
are necessary--
``(I) to support efforts to locate and
repatriate members of the United States Armed
Forces and civilians employed directly or
indirectly by the United States Government who
remain unaccounted for from the Vietnam War;
and
``(II) to ensure the safety of United
States Government personnel engaged in such
cooperative efforts and to support Department
of Defense-sponsored humanitarian projects
associated with such efforts.'';
(2) in subsection (a)(2)(B), by striking ``$75,000,000''
and all that follows and inserting ``$150,000,000 in any fiscal
year of such articles, services, and military education and
training may be provided pursuant to subparagraph (A) of this
paragraph--
``(i) not more than $75,000,000 of which may be
provided from the drawdown from the inventory and
resources of the Department of Defense;
``(ii) not more than $75,000,000 of which may be
provided pursuant to clause (i)(I) of such
subparagraph; and
``(iii) not more than $15,000,000 of which may be
provided to Vietnam, Cambodia, and Laos pursuant to
clause (ii) of such subparagraph.''; and
(3) in subsection (b)(1), by adding at the end the
following: ``In the case of drawdowns authorized by subclauses
(I) and (III) of subsection (a)(2)(A)(i), notifications shall
be provided to those committees at least 15 days in advance in
accordance with the procedures applicable to reprogramming
notifications under section 634A.''.
(c) Notice to Congress of Exercise of Special Authorities.--Section
652 of such Act (22 U.S.C. 2411) is amended by striking ``prior to the
date'' and inserting ``before''.
SEC. 3122. STOCKPILES OF DEFENSE ARTICLES.
(a) Limitation on Value of Additions.--Section 514(b)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(1)) is amended by
inserting ``or in the implementation of agreements with Israel'' after
``North Atlantic Treaty Organization''.
(b) Additions in Fiscal Years 1996 and 1997.--Section 514(b)(2) of
such Act (22 U.S.C. 2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $50,000,000 for each of
the fiscal years 1996 and 1997.
``(B) Of the amount specified in subparagraph (A) for each of the
fiscal years 1996 and 1997, not more than $40,000,000 may be made
available for stockpiles in the Republic of Korea and not more than
$10,000,000 may be made available for stockpiles in Thailand.''.
(c) Location of Stockpiles of Defense Articles.--Section 514(c) of
such Act (22 U.S.C. 2321h(c)) is amended to read as follows:
``(c) Location of Stockpiles of Defense Articles.--
``(1) Limitation.--Except as provided in paragraph (2), no
stockpile of defense articles may be located outside the
boundaries of a United States military base or a military base
used primarily by the United States.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to stockpiles of defense articles located in the
Republic of Korea, Thailand, any country that is a member of
the North Atlantic Treaty Organization, any country that is a
major non-NATO ally, or any other country the President may
designate. At least 15 days before designating a country
pursuant to the last clause of the preceding sentence, the
President shall notify the congressional committees specified
in section 634A(a) in accordance with the procedures applicable
to reprogramming notifications under that section.''.
SEC. 3123. TRANSFER OF EXCESS DEFENSE ARTICLES.
(a) In General.--Section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j) is amended to read as follows:
``SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.
``(a) Authorization.--The President is authorized to transfer
excess defense articles under this section to countries for which
receipt of such articles was justified pursuant to the annual
congressional presentation documents for military assistance programs,
or for programs under chapter 8 of part I of this Act, submitted under
section 634 of this Act, or for which receipt of such articles was
separately
justified, for the fiscal year in which the transfer is authorized.
``(b) Limitations on Transfers.--The President may transfer excess
defense articles under this section only if--
``(1) such articles are drawn from existing stocks of the
Department of Defense;
``(2) funds available to the Department of Defense for the
procurement of defense equipment are not expended in connection
with the transfer;
``(3) the transfer of such articles will not have an
adverse impact on the military readiness of the United States;
``(4) with respect to a proposed transfer of such articles
on a grant basis, such a transfer is preferable to a transfer
on a sales basis, after taking into account the potential
proceeds from, and likelihood of, such sales, and the
comparative foreign policy benefits that may accrue to the
United States as the result of a transfer on either a grant or
sales basis;
``(5) the President determines that the transfer of such
articles will not have an adverse impact on the national
technology and industrial base, and particularly, will not
reduce the opportunities of entities in the national technology
and industrial base to sell new or used equipment to the
countries to which such articles are transferred; and
``(6) the transfer of such articles is consistent with the
policy framework for the Eastern Mediterranean established
under section 620C of this Act.
``(c) Terms of Transfers.--
``(1) No cost to recipient country.--Excess defense
articles may be transferred under this section without cost to
the recipient country.
``(2) Priority.--Notwithstanding any other provision of
law, the delivery of excess defense articles under this section
to member countries of the North Atlantic Treaty Organization
(NATO) on the southern and southeastern flank of NATO and to
major non-NATO allies on such southern and southeastern flank
shall be given priority to the maximum extent feasible over the
delivery of such excess defense articles to other countries.
``(d) Waiver of Requirement for Reimbursement of Department of
Defense Expenses.--Section 632(d) shall not apply with respect to
transfers of excess defense articles (including transportation and
related costs) under this section.
``(e) Transportation and Related Costs.--
``(1) In general.--Except as provided in paragraph (2),
funds available to the Department of Defense may not be
expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of this
section.
``(2) Exception.--The President may provide for the
transportation of excess defense articles without charge to a
country for the costs of such transportation if--
``(A) it is determined that it is in the national
interest of the United States to do so;
``(B) the recipient is a developing country
receiving less than $10,000,000 of assistance under
chapter 5 of part II of this Act (relating to
international military education and training) or
section 23 of the Arms Export Control Act (22 U.S.C.
2763; relating to the Foreign Military Financing
program) in the fiscal year in which the transportation
is provided;
``(C) the total weight of the transfer does not
exceed 25,000 pounds; and
``(D) such transportation is accomplished on a
space available basis.
``(f) Advance Notification to Congress for Transfer of Certain
Excess Defense Articles.--
``(1) In general.--The President may not transfer excess
defense articles that are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or
excess defense articles valued (in terms of original
acquisition cost) at $7,000,000 or more, under this section or
under the Arms Export Control Act (22 U.S.C. 2751 et seq.)
until 15 days after the date on which the President has
provided notice of the proposed transfer to the congressional
committees specified in section 634A(a) in accordance with
procedures applicable to reprogramming notifications under that
section.
``(2) Contents.--Such notification shall include--
``(A) a statement outlining the purposes for which
the article is being provided to the country, including
whether such article has been previously provided to
such country;
``(B) an assessment of the impact of the transfer
on the military readiness of the United States;
``(C) an assessment of the impact of the transfer
on the national technology and industrial base, and
particularly, the impact on opportunities of entities
in the national technology and industrial base to sell
new or used equipment to the countries to which such
articles are to be transferred; and
``(D) a statement describing the current value of
such article and the value of such article at
acquisition.
``(g) Aggregate Annual Limitation.--The aggregate value of excess
defense articles transferred to countries under this section in any
fiscal year may not exceed $350,000,000.
``(h) Congressional Presentation Documents.--Documents described in
subsection (a) justifying the transfer of excess defense articles shall
include an explanation of the general purposes of providing excess
defense articles as well as a table which provides an aggregate annual
total of transfers of excess defense articles in the preceding year by
country in terms of offers and actual deliveries and in terms of
acquisition cost and current value. Such table shall indicate whether
such excess defense articles were provided on a grant or sale basis.
``(i) Excess Coast Guard Property.--For purposes of this section,
the term `excess defense articles' shall be deemed to include excess
property of the Coast Guard, and the term `Department of Defense' shall
be deemed, with respect to such excess property, to include the Coast
Guard.''.
(b) Conforming Amendments.--
(1) Arms export control act.--Section 21(k) of the Arms
Export Control Act (22 U.S.C. 2761(k)) is amended by striking
``the President shall'' and all that follows and inserting the
following: ``the President shall determine that the sale of
such articles will not have an adverse impact on the national
technology and industrial base, and particularly, will not
reduce the opportunities of entities in the national technology
and industrial base to sell new or used equipment to the
countries to which such articles are transferred.''.
(2) Repeals.--The following provisions of law are hereby
repealed:
(A) Section 502A of the Foreign Assistance Act of
1961 (22 U.S.C. 2303).
(B) Sections 517 through 520 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321k through 2321n).
(C) Section 31(d) of the Arms Export Control Act
(22 U.S.C. 2771(d)).
SEC. 3124. NONLETHAL EXCESS DEFENSE ARTICLES FOR ALBANIA.
Notwithstanding section 516(e) of the Foreign Assistance Act of
1961, during each of the fiscal years 1996 and 1997, funds available to
the Department of Defense may be expended for crating, packing,
handling, and transportation of nonlethal excess defense articles
transferred under the authority of section 516 of such Act to Albania.
CHAPTER 2--INTERNATIONAL MILITARY EDUCATION AND TRAINING
SEC. 3141. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $39,781,000 for each of the
fiscal years 1996 and 1997 to carry out chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
SEC. 3142. ASSISTANCE FOR INDONESIA.
Funds made available for fiscal years 1996 and 1997 to carry out
chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2347 et seq.) may be obligated for Indonesia only for expanded military
and education training that meets the requirements of clauses (i)
through (iv) of the second sentence of section 541 of such Act (22
U.S.C. 2347).
SEC. 3143. ADDITIONAL REQUIREMENTS.
(a) General Authority.--Section 541 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2347) is amended in the second sentence in the
matter preceding clause (i) by inserting ``and individuals who are not
members of the government'' after ``legislators''.
(b) Test Pilot Exchange Training.--Section 544 of such Act (22
U.S.C. 2347c) is amended--
(1) by striking ``In carrying out this chapter'' and
inserting ``(a) In carrying out this chapter''; and
(2) by adding at the end the following new subsection:
``(b) The President may provide for the attendance of foreign
military and civilian defense personnel at test pilot flight schools in
the United States without charge, and without charge to funds available
to carry out this chapter (notwithstanding section 632(d) of this Act),
if such attendance is pursuant to an agreement providing for the
exchange of students on a one-for-one basis each fiscal year between
those United States test pilot flight schools and comparable flight
test pilot schools of foreign countries.''.
(c) Assistance for Certain Foreign Countries.--Chapter 5 of part II
of such Act (22 U.S.C. 2347 et seq.) is amended by adding at the end
the following new section:
``SEC. 546. ASSISTANCE FOR CERTAIN FOREIGN COUNTRIES.
``Of the amounts made available for a fiscal year for assistance
under this chapter, not more than $300,000 for such fiscal year may be
made available for assistance on a grant basis for any high-income
foreign country for military education and training of military and
related civilian personnel of such country if such country agrees to
provide for the transportation and living allowances of such military
and related civilian personnel.''.
CHAPTER 3--ANTITERRORISM ASSISTANCE
SEC. 3151. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$20,000,000 for fiscal year 1996 and $25,000,000 for fiscal year 1997
to carry out chapter 8 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2349aa et seq.).
(b) Availability of Amounts.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
SEC. 3152. ANTITERRORISM TRAINING ASSISTANCE.
(a) In General.--Section 571 of the Foreign Assistance Act of 1961
(22 U.S.C. 2349aa) is amended by striking ``Subject to the provisions
of this chapter'' and inserting ``Notwithstanding any other provision
of law that restricts assistance to foreign countries (other than
sections 502B and 620A of this Act)''.
(b) Limitations.--Section 573 of such Act (22 U.S.C. 2349aa-2) is
amended--
(1) in the heading, by striking ``Specific Authorities
and'';
(2) by striking subsection (a);
(3) by redesignating subsections (b) through (f) as
subsections (a) through (e), respectively; and
(4) in subsection (c) (as redesignated)--
(A) by striking paragraphs (1) and (2);
(B) by redesignating paragraphs (3) through (5) as
paragraphs (1) through (3), respectively; and
(C) by amending paragraph (2) (as redesignated) to
read as follows:
``(2)(A) Except as provided in subparagraph (B), funds made
available to carry out this chapter shall not be made available for the
procurement of weapons and ammunition.
``(B) Subparagraph (A) shall not apply to small arms and ammunition
in categories I and III of the United States Munitions List that are
integrally and directly related to antiterrorism training provided
under this chapter if, at least 15 days before obligating those funds,
the President notifies the appropriate congressional committees
specified in section 634A of this Act in accordance with the procedures
applicable to reprogramming notifications under such section.
``(C) The value (in terms of original acquisition cost) of all
equipment and commodities provided under this chapter in any fiscal
year may not exceed 25 percent of the funds made available to carry out
this chapter for that fiscal year.''.
(c) Annual Report.--Section 574 of such Act (22 U.S.C. 2349aa-3) is
hereby repealed.
(d) Technical Corrections.--Section 575 (22 U.S.C. 2349aa-4) and
section 576 (22 U.S.C. 2349aa-5) of such Act are redesignated as
sections 574 and 575, respectively.
SEC. 3153. RESEARCH AND DEVELOPMENT EXPENSES.
Funds made available for fiscal years 1996 and 1997 to carry out
chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa et seq.; relating to antiterrorism assistance) may be made
available to the Technical Support Working Group of the Department of
State for research and development expenses related to contraband
detection technologies or for field demonstrations of such technologies
(whether such field demonstrations take place in the United States or
outside the United States).
CHAPTER 4--NARCOTICS CONTROL ASSISTANCE
SEC. 3161. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$213,000,000 for each of the fiscal years 1996 and 1997 to carry out
chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2291 et seq.).
(b) Availability of Amounts.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
SEC. 3162. ADDITIONAL REQUIREMENTS.
(a) Policy and General Authorities.--Section 481(a) of the Foreign
Assistance Act (22 U.S.C. 2291(a)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (D) through (F)
as subparagraphs (E) through (G), respectively; and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) International criminal activities, particularly
international narcotics trafficking, money laundering, and
corruption, endanger political and economic stability and
democratic development, and assistance for the prevention and
suppression of international criminal activities should be a
priority for the United States.''; and
(2) in paragraph (4), by adding before the period at the
end the following: ``, or for other related anticrime
purposes''.
(b) Contributions and Reimbursement.--Section 482(c) of that Act
(22 U.S.C. 2291a(c)) is amended--
(1) by striking ``Contribution by Recipient Country.--To''
and inserting ``Contributions and Reimbursement.--(1) To''; and
(2) by adding at the end the following new paragraphs:
``(2)(A) The President is authorized to accept contributions from
other foreign governments to carry out the purposes of this chapter.
Such contributions shall be deposited as an offsetting collection to
the applicable appropriation account and may be used under the same
terms and conditions as funds appropriated pursuant to this chapter.
``(B) At the time of submission of the annual congressional
presentation documents required by section 634(a), the President shall
provide a detailed report on any contributions received in the
preceding fiscal year, the amount of such contributions, and the
purposes for which such contributions were used.
``(3) The President is authorized to provide assistance under this
chapter on a reimbursable basis. Such reimbursements shall be deposited
as an offsetting collection to the applicable appropriation and may be
used under the same terms and conditions as funds appropriated pursuant
to this chapter.''.
(c) Implementation of Law Enforcement Assistance.--Section 482 of
such Act (22 U.S.C. 2291a) is amended by adding at the end the
following new subsections:
``(f) Treatment of Funds.--Funds transferred to and consolidated
with funds appropriated pursuant to this chapter may be made available
on such terms and conditions as are applicable to funds appropriated
pursuant to this chapter. Funds so transferred or consolidated shall be
apportioned directly to the bureau within the Department of State
responsible for administering this chapter.
``(g) Excess Property.--For purposes of this chapter, the Secretary
of State may use the authority of section 608, without regard to the
restrictions of such section, to receive nonlethal excess property from
any agency of the United States Government for the purpose of providing
such property to a foreign government under the same terms and
conditions as funds authorized to be appropriated for the purposes of
this chapter.''.
(d) Reporting Requirements.--(1) Section 489 of such Act (22 U.S.C.
2291h) is amended--
(A) in the section heading, by striking ``for fiscal year
1995'';
(B) by striking ``(a) International Narcotics Control
Strategy Report.--''; and
(C) by striking subsections (b) and (c).
(2) Section 489A of such Act (22 U.S.C. 2291i) is hereby repealed.
(e) Certification Requirements.--(1) Section 490 of such Act (22
U.S.C. 2291j) is amended--
(A) in the section heading by striking ``for fiscal year
1995''; and
(B) by striking subsection (i).
(2) Section 490A of such Act (22 U.S.C. 2291k) is hereby repealed.
SEC. 3163. NOTIFICATION REQUIREMENT.
(a) In General.--The authority of section 1003(d) of the National
Narcotics Control Leadership Act of 1988 (21 U.S.C. 1502(d)) may be
exercised with respect to funds authorized to be appropriated pursuant
to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and with
respect to the personnel of the Department of State only to the extent
that the appropriate congressional committees have been notified 15
days in advance in accordance with the reprogramming procedures
applicable under section 634A of that Act (22 U.S.C. 2394).
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on
International Relations and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
SEC. 3164. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC
ASSISTANCE.
For each of the fiscal years 1996 and 1997, narcotics-related
assistance under part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) may be provided notwithstanding any other
provision of law that restricts assistance to foreign countries (other
than section 490(e) or section 502B of that Act (22 U.S.C. 2291j(e) and
2304)) if, at least 15 days before obligating funds for such
assistance, the President notifies the appropriate congressional
committees (as defined in section 481(e) of that Act (22 U.S.C.
2291(e))) in accordance with the procedures applicable to reprogramming
notifications under section 634A of that Act (22 U.S.C. 2394).
CHAPTER 5--NONPROLIFERATION AND DISARMAMENT FUND
SEC. 3171. NONPROLIFERATION AND DISARMAMENT FUND.
(a) In General.--There are authorized to be appropriated
$25,000,000 for each of the fiscal years 1996 and 1997 to carry out
bilateral and multilateral nonproliferation and disarmament activities
for the independent states of the former Soviet Union, countries other
than the independent states of the former Soviet Union, and
international organizations under section 504 of the Freedom for Russia
and Emerging Eurasian Democracies and Open Markets Support Act of 1992
(22 U.S.C. 5854).
(b) Supersedes Other Laws.--Funds made available for fiscal years
1996 and 1997 under the authority of section 504 of the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets Support Act
of 1992 (22 U.S.C. 5854) may be used notwithstanding any other
provision of law.
(c) Availability of Amounts.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
CHAPTER 6--OTHER PROVISIONS
SEC. 3181. STANDARDIZATION OF CONGRESSIONAL REVIEW PROCEDURES FOR ARMS
TRANSFERS.
(a) Third Country Transfers Under FMS Sales.--Section 3(d)(2) of
the Arms Export Control Act (22 U.S.C. 2753(d)(2)) is amended--
(1) in subparagraph (A), by striking ``, as provided for in
sections 36(b)(2) and 36(b)(3) of this Act'';
(2) in subparagraph (B), by striking ``law'' and inserting
``joint resolution''; and
(3) by adding at the end the following:
``(C) If the President states in his certification under
subparagraph (A) or (B) that an emergency exists which requires that
consent to the proposed transfer become effective immediately in the
national security interests of the United States, thus waiving the
requirements of that subparagraph, the President shall set forth in the
certification a detailed justification for his determination, including
a description of the emergency circumstances which necessitate
immediate consent to the transfer and a discussion of the national
security interests involved.
``(D)(i) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.
``(ii) For the purpose of expediting the consideration and
enactment of joint resolutions under this paragraph, a motion to
proceed to the consideration of any such joint resolution after it has
been reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.''.
(b) Third Country Transfers Under Commercial Sales.--Section
3(d)(3) of such Act (22 U.S.C. 2753(d)(3)) is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in the first sentence--
(A) by striking ``at least 30 calendar days''; and
(B) by striking ``report'' and inserting
``certification''; and
(3) by striking the last sentence and inserting the
following: ``Such certification shall be submitted--
``(i) at least 15 calendar days before such consent is
given in the case of a transfer to a country which is a member
of the North Atlantic Treaty Organization or Australia, Japan,
or New Zealand; and
``(ii) at least 30 calendar days before such consent is
given in the case of a transfer to any other country,
unless the President states in his certification that an emergency
exists which requires that consent to the proposed transfer become
effective immediately in the national security interests of the United
States. If the President states in his certification that such an
emergency exists (thus waiving the requirements of clause (i) or (ii),
as the case may be, and of subparagraph (B)) the President shall set
forth in the certification a detailed justification for his
determination, including a description of the emergency circumstances
which necessitate that consent to the proposed transfer become
effective immediately and a discussion of the national security
interests involved.
``(B) Consent to a transfer subject to subparagraph (A) shall
become effective after the end of the 15-day or 30-day period specified
in subparagraph (A)(i) or (ii), as the case may be, only if the
Congress does not enact, within that period, a joint resolution
prohibiting the proposed transfer.
``(C)(i) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.
``(ii) For the purpose of expediting the consideration and
enactment of joint resolutions under this paragraph, a motion to
proceed to the consideration of any such joint resolution after it has
been reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.''.
(c) Commercial Sales.--Section 36(c)(2) of such Act (22 U.S.C.
2753(c)(2)) is amended by amending subparagraphs (A) and (B) to read as
follows:
``(A) in the case of a license for an export to the North
Atlantic Treaty Organization, any member country of that
Organization or Australia, Japan, or New Zealand, shall not be
issued until at least 15 calendar days after the Congress
receives such certification, and shall not be issued then if
the Congress, within that 15-day period, enacts a joint
resolution prohibiting the proposed export; and
``(B) in the case of any other license, shall not be issued
until at least 30 calendar days after the Congress receives
such certification, and shall not be issued then if the
Congress, within that 30-day period, enacts a joint resolution
prohibiting the proposed export.''.
(d) Commercial Manufacturing Agreements.--Section 36(d) of such Act
(22 U.S.C. 2753(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``for or in a country not a member of the
North Atlantic Treaty Organization''; and
(3) by adding at the end the following:
``(2) A certification under this subsection shall be submitted--
``(A) at least 15 days before approval is given in the case
of an agreement for or in a country which is a member of the
North Atlantic Treaty Organization or Australia, Japan, or New
Zealand; and
``(B) at least 30 days before approval is given in the case
of an agreement for or in any other country;
unless the President states in his certification that an emergency
exists which requires the immediate approval of the agreement in the
national security interests of the United States.
``(3) If the President states in his certification that an
emergency exists which requires the immediate approval of the agreement
in the national security interests of the United States, thus waiving
the requirements of paragraph (4), he shall set forth in the
certification a detailed justification for his determination, including
a description of the emergency circumstances which necessitate the
immediate approval of the agreement and a discussion of the national
security interests involved.
``(4) Approval for an agreement subject to paragraph (1) may not be
given under section 38 if the Congress, within the 15-day or 30-day
period specified in paragraph (2)(A) or (B), as the case may be, enacts
a joint resolution prohibiting such approval.
``(5)(A) Any joint resolution under paragraph (4) shall be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.
``(B) For the purpose of expediting the consideration and enactment
of joint resolutions under paragraph (4), a motion to proceed to the
consideration of any such joint resolution after it has been reported
by the appropriate
committee shall be treated as highly privileged in the House of
Representatives.''.
(e) Government-to-Government Leases.--
(1) Congressional review period.--Section 62 of such Act
(22 U.S.C. 2796a) is amended--
(A) in subsection (a), by striking ``Not less than
30 days before'' and inserting ``Before'';
(B) in subsection (b)--
(i) by striking ``determines, and
immediately reports to the Congress'' and
inserting ``states in his certification''; and
(ii) by adding at the end of the subsection
the following: ``If the President states in his
certification that such an emergency exists, he
shall set forth in the certification a detailed
justification for his determination, including
a description of the emergency circumstances
which necessitate that the lease be entered
into immediately and a discussion of the
national security interests involved.''; and
(C) by adding at the end of the section the
following:
``(c) The certification required by subsection (a) shall be
transmitted--
``(1) not less than 15 calendar days before the agreement
is entered into or renewed in the case of an agreement with the
North Atlantic Treaty Organization, any member country of that
Organization or Australia, Japan, or New Zealand; and
``(2) not less than 30 calendar days before the agreement
is entered into or renewed in the case of an agreement with any
other organization or country.''.
(2) Congressional disapproval.--Section 63(a) of such Act
(22 U.S.C. 2796b(a)) is amended--
(A) by striking ``(a)(1)'' and inserting ``(a)'';
(B) by striking out the ``30 calendar days after
receiving the certification with respect to that
proposed agreement pursuant to section 62(a),'' and
inserting in lieu thereof ``the 15-day or 30-day period
specified in section 62(c) (1) or (2), as the case may
be,''; and
(C) by striking paragraph (2).
(f) Effective Date.--The amendments made by this section apply with
respect to certifications required to be submitted on or after the date
of the enactment of this Act.
SEC. 3182. STANDARDIZATION OF THIRD COUNTRY TRANSFERS OF DEFENSE
ARTICLES.
Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is
amended by inserting after subsection (a) the following new subsection:
``(b) The consent of the President under paragraph (2) of
subsection (a) or under paragraph (1) of section 505(a) of the Foreign
Assistance Act of 1961 (as it relates to subparagraph (B) of such
paragraph) shall not be required for the transfer by a foreign country
or international organization of defense articles sold by the United
States under this Act if--
``(1) such articles constitute components incorporated into
foreign defense articles;
``(2) the recipient is the government of a member country
of the North Atlantic Treaty Organization, the Government of
Australia, the Government of Japan, or the Government of New
Zealand;
``(3) the United States-origin components are not--
``(A) significant military equipment (as defined in
section 47(9));
``(B) defense articles for which notification to
Congress is required under section 36(b); and
``(C) identified by regulation as Missile
Technology Control Regime items; and
``(4) the foreign country or international organization
provides notification of the transfer of the defense articles
to the United States Government not later than 30 days after
the date of such transfer.''.
SEC. 3183. INCREASED STANDARDIZATION, RATIONALIZATION, AND
INTEROPERABILITY OF ASSISTANCE AND SALES PROGRAMS.
Paragraph (6) of section 515(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321i(a)(6)) is amended by striking ``among members of
the North Atlantic Treaty Organization and with the Armed Forces of
Japan, Australia, and New Zealand''.
SEC. 3184. REPEAL OF PRICE AND AVAILABILITY REPORTING REQUIREMENT
RELATING TO PROPOSED SALE OF DEFENSE ARTICLES AND
SERVICES.
(a) In General.--Section 28 of the Arms Export Control Act (22
U.S.C. 2768) is hereby repealed.
(b) Conforming Amendment.--Section 36(b) of such Act (22 U.S.C.
2776(b)) is amended by striking paragraph (4) of such section.
SEC. 3185. DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT.
Section 47 of the Arms Export Control Act (22 U.S.C. 2794) is
amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) `significant military equipment' means articles--
``(A) for which special export controls are warranted
because of the capacity of such articles for substantial
military utility or capability; and
``(B) identified on the United States Munitions List.''.
SEC. 3186. REQUIREMENTS RELATING TO THE SPECIAL DEFENSE ACQUISITION
FUND.
(a) Elimination of Annual Report.--
(1) In general.--Section 53 of the Arms Export Control Act
(22 U.S.C. 2795b) is hereby repealed.
(2) Conforming amendment.--Section 51(a)(4) of such Act (22
U.S.C. 2795(a)(4)) is amended--
(A) by striking ``(a)''; and
(B) by striking subparagraph (B).
(b) Return of Certain Amounts in Fund to the Treasury.--During
fiscal year 1996 the President shall return $6,281,000 to the
miscellaneous receipts account of the Treasury from collections into
the Special Defense Acquisition Fund pursuant to section 51(b) of the
Arms Export Control Act in addition to the amount of such collections
to be returned for such fiscal year as indicated in the President's
budget of the United States Government for fiscal year 1996.
SEC. 3187. COST OF LEASED DEFENSE ARTICLES THAT HAVE BEEN LOST OR
DESTROYED.
Section 61(a)(4) of the Arms Export Control Act (22 U.S.C.
2796(a)(4)) is amended by striking ``and the replacement cost'' and all
that follows and inserting the following: ``and, if the articles are
lost or destroyed while leased--
``(A) in the event the United States intends to
replace the articles lost or destroyed, the replacement
cost (less any depreciation in the value) of the
articles; or
``(B) in the event the United States does not
intend to replace the articles lost or destroyed, an
amount not less than the actual value (less any
depreciation in the value) specified in the lease
agreement.''.
SEC. 3188. DESIGNATION OF MAJOR NON-NATO ALLIES.
(a) Designation.--
(1) Notice to congress.--Chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.), as
amended by this Act, is further amended by adding at the end
the following new section:
``SEC. 517. DESIGNATION OF MAJOR NON-NATO ALLIES.
``(a) Notice to Congress.--The President shall notify the Congress
in writing at least 30 days before--
``(1) designating a country as a major non-NATO ally for
purposes of this Act and the Arms Export Control Act (22 U.S.C.
2751 et seq.); or
``(2) terminating such a designation.
``(b) Initial Designations.--Australia, Egypt, Israel, Japan, the
Republic of Korea, and New Zealand shall be deemed to have been so
designated by the President as of the effective date of this section,
and the President is not required to notify the Congress of such
designation of those countries.''.
(2) Definition.--Section 644 of such Act (22 U.S.C. 2403)
is amended by adding at the end the following:
``(q) `Major non-NATO ally' means a country which is designated in
accordance with section 517 as a major non-NATO ally for purposes of
this Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.).''.
(3) Existing definitions.--(A) The last sentence of section
21(g) of the Arms Export Control Act (22 U.S.C. 2761(g)) is
repealed.
(B) Section 65(d) of such Act is amended--
(i) by striking ``or major non-NATO''; and
(ii) by striking out ``or a'' and all that follows
through ``Code''.
(b) Cooperative Training Agreements.--Section 21(g) of the Arms
Export Control Act (22 U.S.C. 2761(g)) is amended in the first sentence
by striking ``similar agreements'' and all that follows through ``other
countries'' and inserting ``similar agreements with countries''.
SEC. 3189. CERTIFICATION THRESHOLDS.
(a) Increase in Dollar Thresholds.--The Arms Export Control Act (22
U.S.C. 2751 et seq.) is amended--
(1) in section 3(d) (22 U.S.C. 2753(d))--
(A) in paragraphs (1) and (3), by striking
``$14,000,000'' each place it appears and inserting
``$25,000,000''; and
(B) in paragraphs (1) and (3), by striking
``$50,000,000'' each place it appears and inserting
``$75,000,000'';
(2) in section 36 (22 U.S.C. 2776)--
(A) in subsections (b)(1), (b)(5)(C), and (c)(1),
by striking ``$14,000,000'' each place it appears and
inserting ``$25,000,000'';
(B) in subsections (b)(1), (b)(5)(C), and (c)(1),
by striking ``$50,000,000'' each place it appears and
inserting ``$75,000,000''; and
(C) in subsections (b)(1) and (b)(5)(C), by
striking ``$200,000,000'' each place it appears and
inserting ``$300,000,000''; and
(3) in section 63(a) (22 U.S.C. 2796b(a))--
(A) by striking ``$14,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``$50,000,000'' and inserting
``$75,000,000''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to certifications submitted on or after the date of the
enactment of this Act.
SEC. 3190. COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES AND
SERVICES.
(a) Costing Basis.--Section 22 of the Arms Export Control Act (22
U.S.C. 2762) is amended by adding at the end the following:
``(d) Competitive Pricing.--Procurement contracts made in
implementation of sales under this section for defense articles and
defense services wholly paid from funds made available on a
nonrepayable basis shall be priced on the same costing basis with
regard to profit, overhead, independent research and development, bid
and proposal, and other costing elements, as is applicable to
procurements of like items purchased by the Department of Defense for
its own use.''.
(b) Effective Date and Implementing Regulations.--Section 22(d) of
the Arms Export Control Act, as added by subsection (a)--
(1) shall take effect on the 60th day following the date of
the enactment of this Act;
(2) shall be applicable only to contracts made in
implementation of sales made after such effective date; and
(3) shall be implemented by revised procurement
regulations, which shall be issued prior to such effective
date.
SEC. 3191. DEPLETED URANIUM AMMUNITION.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2370 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 620H. DEPLETED URANIUM AMMUNITION.
``(a) Prohibition.--Except as provided in subsection (b), none of
the funds made available to carry out this Act or any other Act may be
made available to facilitate in any way the sale of M-833 antitank
shells or any comparable antitank shells containing a depleted uranium
penetrating component to any country other than--
``(1) a country that is a member of the North Atlantic
Treaty Organization;
``(2) a country that has been designated as a major non-
NATO ally (as defined in section 644(q)); or
``(3) Taiwan.
``(b) Exception.--The prohibition contained in subsection (a) shall
not apply with respect to the use of funds to facilitate the sale of
antitank shells to a country if the President determines that to do so
is in the national security interest of the United States.''.
SEC. 3192. END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES.
(a) In General.--The Arms Export Control Act (22 U.S.C.2751 et
seq.) is amended by inserting after chapter 3 the following new
chapter:
``CHAPTER 3A--END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES
``SEC. 40A. END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES.
``(a) Establishment of Monitoring Program.--
``(1) In general.--In order to improve accountability with
respect to defense articles and defense services sold, leased,
or exported under this Act or the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), the Secretary of State shall
establish a program which provides for the end-use monitoring
of such articles and services.
``(2) Requirements of program.--To the extent practicable,
such program--
``(A) shall provide for the end-use monitoring of
defense articles and defense services in accordance
with the standards that apply for identifying high-risk
exports for regular end-use verification developed
under section 38(g)(7) of this Act (commonly referred
to as the `Blue Lantern' program); and
``(B) shall be designed to provide reasonable
assurance that--
``(i) the recipient is complying with the
requirements imposed by the United States
Government with respect to use, transfers, and
security of defense articles and defense
services; and
``(ii) such articles and services are being
used for the purposes for which they are
provided.
``(b) Conduct of Program.--In carrying out the program established
under subsection (a), the Secretary shall ensure that the program--
``(1) provides for the end-use verification of defense
articles and defense services that incorporate sensitive
technology, defense articles and defense services that are
particularly vulnerable to diversion or other misuse, or
defense articles or defense services whose diversion or other
misuse could have significant consequences; and
``(2) prevents the diversion (through reverse engineering
or other means) of technology incorporated in defense articles.
``(c) Monitoring Responsibilities.--
``(1) In general.--Pursuant to subsection (a), sections 3
and 38 of this Act, and sections 505, 622, and 623 of the
Foreign Assistance Act of 1961, the Secretary of State, in
consultation with the Secretary of Defense and officials of
appropriate other Federal agencies, shall provide for the
monitoring of defense articles and defense services described
in subsection (a).
``(2) Additional personnel.--Upon the request of the
Secretary of State, the Secretary of Defense or the Secretary
of the Treasury, as the case may be, shall provide to the
agency primarily responsible for the licensing of exports under
this section, on a nonreimbursable basis, personnel with
appropriate expertise to assist in the end-use monitoring and
enforcement functions under this section and section 38 of this
Act.
``(d) Report to Congress.--Not later than 6 months after the date
of the enactment of the Foreign Aid Reduction Act of 1995, and annually
thereafter as a part of the annual congressional presentation documents
submitted under section 634 of the Foreign Assistance Act of 1961, the
President shall transmit to the Congress a report describing the
actions taken to implement this section.
``(e) Third Country Transfers.--For purposes of this section,
defense articles and defense services sold, leased, or exported under
this Act or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
includes defense articles and defense services that are transferred to
a third country or other third party.''.
(b) Effective Dates.--Section 40A of the Arms Export Control Act,
as added by subsection (a), applies with respect to defense articles
and defense services provided before or after the date of the enactment
of this Act.
SEC. 3193. BROKERING ACTIVITIES RELATING TO COMMERCIAL SALES OF DEFENSE
ARTICLES AND SERVICES.
(a) In General.--Section 38(b)(1)(A) of the Arms Export Control Act
(22 U.S.C. 2778(b)(1)(A)) is amended--
(1) in the first sentence, by striking ``As prescribed in
regulations'' and inserting ``(i) As prescribed in
regulations''; and
(2) by adding at the end the following new clause:
``(ii)(I) As prescribed in regulations issued under this section,
every person (other than an officer or employee of the United States
Government acting in official capacity) who engages in the business of
brokering activities with respect to the manufacture, export, import,
or transfer of any defense article or defense service designated by the
President under subsection (a)(1), or in the business of brokering
activities with respect to the manufacture, export, import, or
transfer of any foreign defense article or defense service (as defined
in subclause (IV)), shall register with the United States Government
agency charged with the administration of this section, and shall pay a
registration fee which shall be prescribed by such regulations.
``(II) Such brokering activities shall include the financing,
transportation, freight forwarding, or the taking of any other action
that facilitates the manufacture, export, or import of a defense
article or defense service.
``(III) No person may engage in the business of brokering
activities without a license, issued in accordance with this Act,
except that no license shall be required for such activities undertaken
by or for an agency of the United States Government--
``(aa) for official use by an agency of the United States
Government; or
``(bb) for carrying out any foreign assistance or sales
program authorized by law and subject to the control of the
President by other means.
``(IV) For purposes of this clause, the term `foreign defense
article or defense service' includes any non-United States defense
article or defense service of a nature described on the United States
Munitions List regardless of whether such article or service is of
United States origin or whether such article or service contains United
States origin components.''.
(b) Effective Date.--Section 38(b)(1)(A)(ii) of the Arms Export
Control Act, as added by subsection (a), shall apply with respect to
brokering activities engaged in on or after the date of the enactment
of this Act.
SEC. 3194. RETURN AND EXCHANGES OF DEFENSE ARTICLES PREVIOUSLY
TRANSFERRED PURSUANT TO THE ARMS EXPORT CONTROL ACT.
(a) Repair of Defense Articles.--Section 21 of the Arms Export
Control Act (22 U.S.C. 2761) is amended by adding at the end the
following new subsection:
``(l) Authority.--
``(1) In general.--The President may acquire a repairable
defense article from a foreign country or international
organization, if such defense article--
``(A) previously was transferred to such country or
organization under this Act;
``(B) is not an end item; and
``(C) will be exchanged for a defense article of
the same type that is in the stocks of the Department
of Defense.
``(2) Limitation.--The President may exercise the authority
provided in paragraph (1) only to the extent that the
Department of Defense--
``(A)(i) has a requirement for the defense article
being returned; and
``(ii) has available sufficient funds authorized
and appropriated for such purpose; or
``(B)(i) is accepting the return of the defense
article for subsequent transfer to another foreign
government or international organization pursuant to a
letter of offer and acceptance implemented in
accordance with this Act; and
``(ii) has available sufficient funds provided by
or on behalf of such other foreign government or
international organization pursuant to a letter of
offer and acceptance implemented in accordance with
this Act.
``(3) Requirement.--(A) The foreign government or
international organization receiving a new or repaired defense
article in exchange for a repairable defense article pursuant
to paragraph (1) shall, upon the acceptance by the United
States Government of the repairable defense article being
returned, be charged the total cost associated with the repair
and replacement transaction.
``(B) The total cost charged pursuant to subparagraph (A)
shall be the same as that charged the United States Armed
Forces for a similar repair and replacement transaction, plus
an administrative surcharge in accordance with subsection
(e)(1)(A) of this section.
``(4) Relationship to certain other provisions of law.--The
authority of the President to accept the return of a repairable
defense article as provided in subsection (a) shall not be
subject to chapter 137 of title 10, United States Code, or any
other provision of law relating to the conclusion of
contracts.''.
(b) Return of Defense Articles.--Section 21 of such Act (22 U.S.C.
2761), as amended by this Act, is further amended by adding at the end
the following new subsection:
``(m) Authority.--
``(1) In general.--The President may accept the return of a
defense article from a foreign country or international
organization, if such defense article--
``(A) previously was transferred to such country or
organization under this Act;
``(B) is not significant military equipment (as
defined in section 47(9) of this Act); and
``(C) is in fully functioning condition without
need of repair or rehabilitation.
``(2) Limitation.--The President may exercise the authority
provided in paragraph (1) only to the extent that the
Department of Defense--
``(A)(i) has a requirement for the defense article
being returned; and
``(ii) has available sufficient funds authorized
and appropriated for such purpose; or
``(B)(i) is accepting the return of the defense
article for subsequent transfer to another foreign
government or international organization pursuant to a
letter of offer and acceptance implemented in
accordance with this Act; and
``(ii) has available sufficient funds provided by
or on behalf of such other foreign government or
international organization pursuant to a letter of
offer and acceptance implemented in accordance with
this Act.
``(3) Condition.--Upon acquisition and acceptance by the
United States Government of a defense article under paragraph
(1), the appropriate Foreign Military Sales account of the
provider shall be credited to reflect the transaction.
``(4) Relationship to certain other provisions of law.--The
authority of the President to accept the return of a defense
article as provided in paragraph (1) shall not be subject to
chapter 137 of title 10, United States Code, or any other
provision of law relating to the conclusion of contracts.''.
(c) Regulations.--Under the direction of the President, the
Secretary of Defense shall promulgate regulations to implement
subsections (l) and (m) of section 21 of the Arms Export Control Act,
as added by this section.
SEC. 3195. ANNUAL MILITARY ASSISTANCE REPORT.
The Foreign Assistance Act of 1961 is amended by inserting after
section 654 (22 U.S.C. 2414) the following new section:
``SEC. 657. ANNUAL REPORT ON MILITARY ASSISTANCE AND MILITARY EXPORTS.
``Not later than February 1 of each year, the President shall
transmit to the Congress an annual report for the fiscal year ending
the previous September 30, showing the aggregate dollar value and
quantity of defense articles (including excess defense articles) and
defense services, and of military education and training, furnished by
the United States to each foreign country and international
organization, by category, specifying whether they were furnished by
grant under chapter 2 or chapter 5 of part II of this Act, by sale
under chapter 2 of the Arms Export Control Act, by commercial sale
licensed under section 38 of that Act, or by any other authority.''.
TITLE XXXII--ECONOMIC ASSISTANCE
CHAPTER 1--ECONOMIC SUPPORT ASSISTANCE
SEC. 3201. ECONOMIC SUPPORT FUND.
Section 532(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2346a(a)) is amended to read as follows:
``(a) There are authorized to be appropriated to the President to
carry out the purposes of this chapter $2,356,378,000 for fiscal year
1996 and $2,248,478,000 for fiscal year 1997.''.
SEC. 3202. ASSISTANCE FOR ISRAEL.
(a) Minimum Allocation.--Of the amounts made available for fiscal
years 1996 and 1997 for assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund), not less than $1,200,000,000 for each such
fiscal year shall be available only for Israel.
(b) Terms of Assistance.--
(1) Cash transfer.--The total amount of funds allocated for
Israel for each fiscal year under subsection (a) shall be made
available on a grant basis as a cash transfer.
(2) Expedited disbursement.--Such funds shall be
disbursed--
(A) with respect to fiscal year 1996, not later
than 30 days after the date of the enactment of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996, or by October 31,
1995, whichever is later; and
(B) with respect to fiscal year 1997, not later
than 30 days after the date of the enactment of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, or by October 31,
1996, whichever is later.
(3) Additional requirement.--In exercising the authority of
this subsection, the President shall ensure that the amount of
funds provided as a cash transfer to Israel does not cause an
adverse impact on the total level of nonmilitary exports from
the United States to Israel.
SEC. 3203. ASSISTANCE FOR EGYPT.
(a) Minimum Allocation.--Of the amounts made available for fiscal
years 1996 and 1997 for assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund), not less than $815,000,000 for each such fiscal
year shall be available only for Egypt.
(b) Additional Requirement.--In exercising the authority of this
section, the President shall ensure that the amount of funds provided
as a cash transfer to Egypt does not cause an adverse impact on the
total level of nonmilitary exports from the United States to Egypt.
SEC. 3204. INTERNATIONAL FUND FOR IRELAND.
(a) Funding.--
(1) In general.--Of the amounts made available for fiscal
years 1996 and 1997 for assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.;
relating to the economic support fund), not more than
$29,600,000 for fiscal year 1996 and not more than $19,600,000
for fiscal year 1997 shall be available for the United States
contribution to the International Fund for Ireland in
accordance with the Anglo-Irish Agreement Support Act of 1986
(Public Law 99-415).
(2) Availability.--Amounts made available under paragraph
(1) are authorized to remain available until expended.
(b) Additional Requirements.--
(1) Purposes.--Section 2(b) of the Anglo-Irish Agreement
Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is
amended by adding at the end the following new sentences:
``United States contributions shall be used in a manner that
effectively increases employment opportunities in communities
with rates of unemployment significantly higher than the local
or urban average of unemployment in Northern Ireland. In
addition, such contributions shall be used to benefit
individuals residing in such communities.''.
(2) Conditions and understandings.--Section 5(a) of such
Act is amended--
(A) in the first sentence--
(i) by striking ``The United States'' and
inserting the following:
``(1) In general.--The United States'';
(ii) by striking ``in this Act may be
used'' and inserting the following: ``in this
Act--
``(A) may be used'';
(iii) by striking the period and inserting
``; and''; and
(iv) by adding at the end the following:
``(B) may be provided to an individual or entity in
Northern Ireland only if such individual or entity is
in compliance with the principles of economic
justice.''; and
(B) in the second sentence, by striking ``The
restrictions'' and inserting the following:
``(2) Additional requirements.--The restrictions''.
(3) Prior certifications.--Section 5(c)(2) of such Act is
amended--
(A) in subparagraph (A), by striking ``principle of
equality'' and all that follows and inserting
``principles of economic justice; and''; and
(B) in subparagraph (B), by inserting before the
period at the end the following: ``and will create
employment opportunities in regions and communities of
Northern Ireland suffering the highest rates of
unemployment''.
(4) Annual reports.--Section 6 of such Act is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) each individual or entity receiving assistance from
United States contributions to the International Fund has
agreed in writing to comply with the principles of economic
justice.''.
(5) Definitions.--Section 8 of such Act is amended--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(3) the term `Northern Ireland' includes the counties of
Antrim, Armagh, Derry, Down, Tyrone, and Fermanagh; and
``(4) the term `principles of economic justice' means the
following principles:
``(A) Increasing the representation of individuals
from underrepresented religious groups in the
workforce, including managerial, supervisory,
administrative, clerical, and technical jobs.
``(B) Providing adequate security for the
protection of minority employees at the workplace.
``(C) Banning provocative sectarian or political
emblems from the workplace.
``(D) Providing that all job openings be advertised
publicly and providing that special recruitment efforts
be made to attract applicants from underrepresented
religious groups.
``(E) Providing that layoff, recall, and
termination procedures do not favor a particular
religious group.
``(F) Abolishing job reservations, apprenticeship
restrictions, and differential employment criteria
which discriminate on the basis of religion.
``(G) Providing for the development of training
programs that will prepare substantial numbers of
minority employees for skilled jobs, including the
expansion of existing programs and the creation of new
programs to train, upgrade, and improve the skills of
minority employees.
``(H) Establishing procedures to assess, identify,
and actively recruit minority employees with the
potential for further advancement.
``(I) Providing for the appointment of a senior
management staff member to be responsible for the
employment efforts of the entity and, within a
reasonable period of time, the implementation of the
principles described in subparagraphs (A) through
(H).''.
(6) Effective date.--The amendments made by this subsection
shall take effect 180 days after the date of the enactment of
this Act.
SEC. 3205. LAW ENFORCEMENT ASSISTANCE.
(a) In General.--Of the amounts made available for fiscal years
1996 and 1997 for assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund), not more than $12,000,000 for each such fiscal
year shall be available for law enforcement assistance under chapter 8
of part I of such Act (22 U.S.C. 2291 et seq.).
(b) Availability.--Amounts made available under subsection (a) are
authorized to remain available until expended.
CHAPTER 2--ASSISTANCE FOR PRIVATE SECTOR PROGRAMS AND ACTIVITIES
SEC. 3211. PRIVATE SECTOR ENTERPRISE FUNDS.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by inserting after section 601 the following new section:
``SEC. 601A. PRIVATE SECTOR ENTERPRISE FUNDS.
``(a) Authority.--(1) The President may provide funds and support
to Enterprise Funds designated in accordance with subsection (b) that
are or have been established for the purposes of promoting--
``(A) development of the private sectors of eligible
countries, including small businesses, the agricultural sector,
and joint ventures with United States and host country
participants; and
``(B) policies and practices conducive to private sector
development in eligible countries;
on the same basis as funds and support may be provided with respect to
Enterprise Funds for Poland and Hungary under the Support for East
European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
``(2) Funds may be made available under this section
notwithstanding any other provision of law.
``(b) Countries Eligible for Enterprise Funds.--(1) Except as
provided in paragraph (2), the President is authorized to designate a
private, nonprofit organization as eligible to receive funds and
support pursuant to this section with respect to any country eligible
to receive assistance under part I of this Act in the same manner and
with the same limitations as set forth in section 201(d) of the Support
for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421(d)).
``(2) The authority of paragraph (1) shall not apply to any country
with respect to which the President is authorized to designate an
enterprise fund under section 498B(c) or section 498C of this Act or
section 201 of the Support for East European Democracy (SEED) Act of
1989 (22 U.S.C. 5421).
``(c) Treatment Equivalent to Enterprise Funds for Poland and
Hungary.--Except as otherwise specifically provided in this section,
the provisions contained in section 201 of the Support for East
European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) (excluding the
authorizations of appropriations provided in subsection (b) of that
section) shall apply to any Enterprise Fund that receives funds and
support under this section. The officers, members, or employees of an
Enterprise Fund that receive funds and support under this section shall
enjoy the same status under law that is applicable to officers,
members, or employees of the Enterprise Funds for Poland and Hungary
under section 201 of the Support for East European Democracy (SEED)
Act of 1989 (22 U.S.C. 5421).
``(d) Reporting Requirement.--Notwithstanding any other provision
of this section, the requirement of section 201(p) of the Support for
East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421(p)), that an
Enterprise Fund shall be required to publish an annual report not later
than January 31 each year, shall not apply with respect to an
Enterprise Fund that receives funds and support under this section for
the first twelve months after it is designated as eligible to receive
such funds and support.
``(e) Funding.--
``(1) In general.--Amounts made available for a fiscal year
to carry out chapter 1 of part I of this Act (relating to
development assistance) and to carry out chapter 4 of part II
of this Act (relating to the economic support fund) shall be
available for such fiscal year to carry out this section, in
addition to amounts otherwise available for such purposes.
``(2) African development.--In addition to amounts
available under paragraph (1) for a fiscal year, amounts made
available for such fiscal year to carry out chapter 10 of part
I of this Act (relating to the Development Fund for Africa)
shall be available for such fiscal year to carry out this
section with respect to countries in Africa.''.
SEC. 3212. CENTRAL ASIAN ENTERPRISE FUND.
Notwithstanding section 201(D)(3)(A) of the Support for East
European Democracy (SEED) Act of 1989 (22 U.S.C. 5421(d)(3)(A)), the
Central Asian-American Enterprise Fund may, in lieu of the appointment
of citizens of the host countries to its Board of Directors, establish
an advisory council for the host region comprised of citizens of each
of the host countries or establish separate advisory councils for each
of the host countries, with which such Fund shall periodically consult
with respect to the Fund's policies and proposed activities. Such host
country citizens shall satisfy the experience and expertise
requirements set forth in section 201 (d)(3)(A) and (d)(3)(C) of that
Act.
SEC. 3213. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.
(a) In General.--Section 108 of the Foreign Assistance Act of 1961
(22 U.S.C. 2151f) is amended to read as follows:
``SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.
``(a) Findings and Policy.--The Congress finds and declares that--
``(1) the development of micro- and small enterprise,
including cooperatives, is a vital factor in the stable growth
of developing countries and in the development and stability of
a free, open, and equitable international economic system;
``(2) it is, therefore, in the best interests of the United
States to assist the development of the private sector in
developing countries and to engage the United States private
sector in that process;
``(3) the support of private enterprise can be served by
programs providing credit, training, and technical assistance
for the benefit of micro- and small enterprises; and
``(4) programs that provide credit, training, and technical
assistance to private institutions can serve as a valuable
complement to grant assistance provided for the purpose of
benefiting micro- and small private enterprise.
``(b) Program.--To carry out the policy set forth in subsection
(a), the President is authorized to provide assistance to increase the
availability of credit to micro- and small enterprises lacking full
access to credit, including through--
``(1) loans and guarantees to credit institutions for the
purpose of expanding the availability of credit to micro- and
small enterprises;
``(2) training programs for lenders in order to enable them
to better meet the credit needs of micro- and small
entrepreneurs; and
``(3) training programs for micro- and small entrepreneurs
in order to enable them to make better use of credit and to
better manage their enterprises.''.
(b) Authorization of Appropriations.--
(1) In general.--(A) There is authorized to be appropriated
to carry out section 108 of the Foreign Assistance Act of 1961,
in addition to funds otherwise available for such purposes,
$2,000,000 for each of the fiscal years 1996 and 1997. Funds
authorized to be appropriated under this subsection shall be
made available for the subsidy cost, as defined in section
502(5) of the Federal Credit Reform Act of 1990, for activities
under section 108 of the Foreign Assistance Act of 1961.
(B) In addition, there are authorized to be appropriated
$500,000 for each of the fiscal years 1996 and 1997 for the
cost of training programs and administrative expenses to carry
out such section.
(2) Availability of amounts.--Amounts authorized to be
appropriated under paragraph (1) are authorized to remain
available until expended.
SEC. 3214. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the following new
section:
``SEC. 129. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.
``(a) Authorization.--(1) In carrying out this part, the
administrator of the agency primarily responsible for administering
this part is authorized to provide grant assistance for programs of
credit and other assistance for microenterprises in developing
countries.
``(2) Assistance authorized under paragraph (1) shall be provided
through the following organizations that have a capacity to develop and
implement microenterprise programs:
``(A) United States and indigenous private and voluntary
organizations.
``(B) United States and indigenous credit unions and
cooperative organizations.
``(C) Other indigenous governmental and nongovernmental
organizations.
``(3) Approximately 50 percent of assistance authorized under
paragraph (1) shall be used for poverty lending programs which--
``(A) meet the needs of the very poor members of society,
particularly poor women; and
``(B) provide loans of $300 or less in 1995 United States
dollars to such poor members of society.
``(4) The administrator of the agency primarily responsible for
administering this part shall strengthen appropriate mechanisms,
including mechanisms for central microenterprise programs, for the
purpose of--
``(A) providing technical support for field missions;
``(B) strengthening the institutional development of the
intermediary organizations described in paragraph (2); and
``(C) sharing information relating to the provision of
assistance authorized under paragraph (1) between such field
missions and intermediary organizations.
``(b) Monitoring System.--In order to maximize the sustainable
development impact of the assistance authorized under subsection
(a)(1), the administrator of the agency primarily responsible for
administering this part shall establish a monitoring system that--
``(1) establishes performance goals for such assistance and
expresses such goals in an objective and quantifiable form, to
the extent feasible;
``(2) establishes performance indicators to be used in
measuring or assessing the achievement of the goals and
objectives of such assistance; and
``(3) provides a basis for recommendations for adjustments
to such assistance to enhance the sustainable development
impact of such assistance, particularly the impact of such
assistance on the very poor, particularly poor women.''.
CHAPTER 3--DEVELOPMENT ASSISTANCE
Subchapter A--Development Assistance Authorities
SEC. 3221. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated the
following amounts for the following purposes (in addition to amounts
otherwise available for such purposes):
(1) Development assistance fund.--$858,000,000 for fiscal
year 1996 and $745,000,000 for fiscal year 1997 to carry out
sections 103 through 106 of the Foreign Assistance Act of 1961
(22 U.S.C. 2151a through 2151d).
(2) Development fund for africa.--$629,214,000 for fiscal
year 1996 and $614,214,000 for fiscal year 1997 to carry out
chapter 10 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2293 et seq.).
(3) Assistance for the independent states of the former
soviet union.--$643,000,000 for fiscal year 1996 and
$625,000,000 for fiscal year 1997 to carry out programs under
chapter 11 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2295 et seq.) and other related programs.
(4) Assistance for east european countries.--$325,000,000
for fiscal year 1996 and $275,000,000 for fiscal year 1997 for
economic assistance for Eastern Europe and the Baltic states
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) and the Support for East European Democracy (SEED) Act of
1989 (22 U.S.C. 5401 et seq.).
(5) Inter-american foundation.--$20,000,000 for fiscal year
1996 and $7,000,000 for fiscal year 1997 to carry out section
401 of the Foreign Assistance Act of 1969 (22 U.S.C. 290f).
(6) African development foundation.--$10,000,000 for fiscal
year 1996 and $4,000,000 for fiscal year 1997 to carry out the
African Development Foundation Act (22 U.S.C. 290h et seq.).
(b) Availability of Amounts.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
SEC. 3222. CHILD SURVIVAL ACTIVITIES, VITAMIN A DEFICIENCY PROGRAM, AND
RELATED ACTIVITIES.
(a) Child Survival Activities.--
(1) In general.--(A) Of the amounts made available to carry
out the provisions of law described in paragraph (2) for fiscal
years 1996 and 1997, not less than $280,000,000 for each such
fiscal year should be made available only for activities which
have a direct measurable impact on rates of child morbidity and
mortality, with a particular emphasis on delivery of community-
based primary health care and health education services which
benefit the poorest of the poor.
(B) Of the amounts made available under subparagraph (A)
for a fiscal year, not less than $30,000,000 for such fiscal
year should be provided to private and voluntary organizations
under the PVO Child Survival grants program carried out by the
agency primarily responsible for administering part I of the
Foreign Assistance Act of 1961.
(2) Provisions of law.--The provisions of law described in
this paragraph are the following:
(A) Sections 103 through 106 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151a through 2151d;
relating to the development assistance fund).
(B) Chapter 10 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2293 et seq.; relating to the
Development Fund for Africa).
(C) Chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund).
(D) The ``Multilateral Assistance Initiative for
the Philippines'' program.
(3) Special rule.--Amounts made available under sections
103 through 106 of the Foreign Assistance Act of 1961 for the
Vitamin A Deficiency Program, part I of such Act for iodine and
iron fortification programs and for iron supplementation
programs for pregnant women, chapter 9 of part I of such Act
for international disaster assistance, section 104(c) of such
Act for international AIDS prevention and control, and any
other provision of law for migration and refugee assistance,
shall not be included in the aggregate amounts described in
paragraph (1) for purposes of the requirements contained in
such paragraph.
(b) Vitamin A Deficiency Program and Related Activities.--Of the
amounts made available to carry out sections 103 through 106 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151a through 2151d) for
fiscal years 1996 and 1997, not less than $25,000,000 for each such
fiscal year should be made available for the Vitamin A Deficiency
Program and for activities relating to iodine deficiency and other
micronutrients.
(c) UNDP/WHO Tropical Disease Program.--Of the amounts made
available to carry out section 103 through 106 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151a through 2151d) for fiscal years
1996 and 1997, not less than $15,000,000 for each such fiscal year
should be made available for the United Nations Development Program/
World Health Organization Special Program for Research and Training in
Tropical Diseases.
SEC. 3223. ASSISTANCE FOR FAMILY PLANNING.
(a) Restriction on Use of Funds for Voluntary Population
Planning.--Section 104(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151b(b)) is amended by inserting after the first sentence the
following new sentence: ``Such assistance shall be available only for
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range of
family planning methods and services.''.
(b) Prohibition on Use of Funds for Voluntary Population Planning
to Organizations or Programs Supporting or Participating in the
Management of Abortion or Involuntary Sterilization Programs.--Section
104(b) of such Act (22 U.S.C. 2151b(b)), as amended by subsection (a),
is further amended--
(1) in the first sentence, by striking ``In order to'' and
inserting ``(1) In order to''; and
(2) by adding at the end the following new paragraph:
``(2) None of the funds made available to carry out this subsection
may be made available to any organization or program which, as
determined by the President, supports or participates in the management
of a program of coercive abortion or involuntary sterilization.''.
(c) Prohibition on Discrimination With Respect to Grants for
Natural Family Planning.--Section 104(b) of such Act (22 U.S.C.
2151b(b)), as amended by subsections (a) and (b), is further amended by
adding at the end the following new paragraph:
``(3) In providing grants for natural family planning under this
subsection, the administrator of the agency primarily responsible for
administering this part shall not discriminate against applicants
because of any religious or conscientious commitment by such applicants
to offer only natural family planning services.''.
(d) Clarification With Respect to Prohibition on Use of Funds for
Abortions.--Section 104(f)(1) of such Act (22 U.S.C. 2151b(f)(1)) is
amended--
(1) by striking ``None of the funds'' and inserting ``(A)
None of the funds''; and
(2) by adding at the end the following new subparagraph:
``(B) For purposes of this paragraph, the term `motivate' shall not
be construed to prohibit the provision, consistent with local law, of
information and counseling concerning all pregnancy options, including
abortion.''.
SEC. 3224. ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION.
(a) Conditions on Assistance.--Section 498A(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a(b)) is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) by redesignating paragraph (5) as paragraph (10); and
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) for the Government of Russia, unless the President
certifies to the Congress that such Government--
``(A) is pursuing, without preconditions, an
immediate and permanent ceasefire, and is pursuing a
negotiated settlement to the conflict in the Russian
Federation Republic of Chechnya;
``(B) is taking steps to provide unhindered access
to the region of Chechnya and surrounding areas of the
Russian Federation by elected officials of the Russian
Federation and by independent Russian media;
``(C) is cooperating with the Organization for
Security and Cooperation in Europe and other
appropriate international organizations in undertaking
steps to investigate and prosecute any and all
individuals, including members of the Russian armed
forces and internal security agencies, who may be
responsible for atrocities, war crimes, or crimes
against humanity in the region of Chechnya;
``(D) is cooperating with the Assistance Group of
the Organization on Security and Cooperation in Europe
established in Chechnya in fulfilling that mission's
mandate;
``(E) is cooperating in assuring the unhindered
delivery of humanitarian assistance to the civilian
population in Chechnya;
``(F) has made the fullest possible accounting of
all persons currently detained by Russian military or
security forces as a result of the conflict in Chechnya
and has allowed access to those individuals by the
International Committee of the Red Cross;
``(G) is taking steps to repatriate refugees and
displaced persons wishing to return to Chechnya; and
``(H) is taking steps to hold free and fair
elections in Chechnya, based on the principles of the
Organization on Security and Cooperation in Europe and
conducted in the presence of foreign and domestic
observers;
except that this paragraph shall not apply to the provision of
such assistance for purposes of humanitarian, disaster, and
refugee relief or assisting democratic political reform and
rule of law activities, provision of technical assistance for
safety upgrade of civilian nuclear power plants, and assisting
in the creation of private sector and nongovernmental
organizations that are independent of government ownership and
control;
``(6) for the government of any independent state that has
agreed to provide nuclear reactor components to Iran, unless
the President determines that the sale of such components to
Iran includes safeguards that are consistent with the national
security objectives of the United States and the concerns of
the United States with respect to nonproliferation of nuclear
weapons technology, except that this paragraph shall not apply
to the provision of such of assistance for purposes of--
``(A) humanitarian, disaster, and refugee relief;
or
``(B) assisting democratic political reform, rule
of law activities, and the creation of private sector
and nongovernmental organizations that are independent
of government ownership and control;
``(7) for the government of any independent state that the
President determines directs any action in violation of the
territorial integrity or national sovereignty of any other new
independent state, except that this paragraph shall not apply
to the provision of such assistance for purposes of--
``(A) humanitarian, disaster, and refugee relief;
or
``(B) assisting democratic political reform, rule
of law activities, and the creation of private sector
and nongovernmental organizations that are independent
of government ownership and control;
``(8) for the purpose of enhancing the military capability
of any independent state, except that this paragraph shall not
apply to demilitarization, defense conversion or
nonproliferation programs, or programs to support troop
withdrawal including through the support of an officer
resettlement program, and technical assistance for the housing
sector;
``(9) for the Government of Russia if the President
determines that Government--
``(A) is not making progress in implementing
comprehensive economic reforms based on market
principles, including fostering private ownership, the
repayment of commercial debt, the respect of commercial
contracts, the equitable treatment of foreign private
investment; or
``(B) applies or transfers assistance provided
under this chapter to any entity for the purpose of
expropriating or seizing ownership or control of
assets, investments, or ventures; or''.
(b) Assistance Through the Private Sector.--Section 498B(a) of such
Act (22 U.S.C. 2295b(a)) is amended to read as follows:
``(a) Assistance Through the Private Sector.--Assistance under this
chapter shall be provided, to the maximum extent feasible, through the
private sector, including private and voluntary organizations and other
nongovernmental organizations functioning in the independent states of
the former Soviet Union.''.
(c) Waiver of Certain Provisions.--Section 498B(j)(1) of such Act
(22 U.S.C. 2295b(j)(1)) is amended in the matter preceding subparagraph
(A)--
(1) by striking ``for fiscal year 1993 by this chapter''
and inserting ``to carry out this chapter''; and
(2) by striking ``appropriated for fiscal year 1993''.
SEC. 3225. DEVELOPMENT FUND FOR LATIN AMERICA AND THE CARIBBEAN.
Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) is amended by adding at the end the following new chapter:
``CHAPTER 12--DEVELOPMENT FUND FOR LATIN AMERICA AND THE CARIBBEAN
``SEC. 499. STATEMENT OF POLICY.
``The Congress declares the following:
``(1) The historic, economic, political, and geographic
relationships among the countries of the Western Hemisphere are
unique and of continuing special significance.
``(2) Following the historic Summit of the Americas and the
passage of the North American Free Trade Agreement, the
countries of the Western Hemisphere have moved steadfastly
toward economic and political integration.
``(3) The interests of the countries of the Western
Hemisphere are more interrelated than ever, and sound economic,
social, and democratic progress in each of the countries
continues to be of importance to all countries, and lack of it
in any country may have serious repercussions in others.
``(4) For the peoples of Latin America and the Caribbean to
progress within the framework of social justice, respect for
human rights, political democracy, and market-oriented
economies, there is a compelling need for the achievement of
social and economic advancement and the consolidation of
political democracy and the rule of law adequate to meet the
legitimate aspirations of the individual citizens of the
countries of Latin America and the Caribbean for a better way
of life.
``(5) The prosperity, security, and well-being of the
United States is linked directly to peace, prosperity, and
democracy in Latin America and the Caribbean.
``(6) Democratic values are dominant throughout Latin
America and the Caribbean region and nearly all governments in
such region have come to power through democratic elections.
``(7) Nonetheless, existing democratic governments and
their supporting institutions remain fragile and face critical
challenges, including, in particular, the consolidation of
civilian control of such governments and institutions,
including control of the military, the consolidation or
establishment of independent judicial institutions and of the
rule of law, and where appropriate, the decentralization of
government.
``(8) In adherence to free market principles, it is
essential to promote economic growth with equity--enlarging
employment and decisionmaking opportunities and the provision
of basic social services for traditionally marginalized groups,
such as indigenous minorities, women, and the poor--and to
protect and promote workers rights.
``(9) By supporting the purposes and objectives of
sustainable development and applying such purposes and
objectives to Latin America and the Caribbean, the Development
Fund for Latin America and the Caribbean can advance the
national interests of the United States and can directly
improve the lives of the poor, encourage broad-based economic
growth while protecting the environment, build human capital
and knowledge, support participation in democracy, and promote
peace and justice in Latin America and the Caribbean.
``SEC. 499A. AUTHORIZATION OF ASSISTANCE.
``(a) In General.--The President is authorized to provide
assistance for Latin America and the Caribbean to promote democracy,
sustainable development, and economic growth in Latin America and the
Caribbean.
``(b) Terms and Conditions.--Assistance under this chapter shall be
provided on such terms and conditions as the President may determine.
``SEC. 499B. AVAILABILITY OF AMOUNTS.
``(a) In General.--Of the amounts made available to carry out the
provisions of law described in subsection (b) for fiscal year 1996 and
for each succeeding fiscal year, not less than an amount requested by
the President and approved by the Congress in appropriations Acts shall
be made available to carry out this chapter.
``(b) Provisions of Law.--The provisions of law described in this
subsection are the following:
``(1) Sections 103 through 106 of this Act (relating to the
development assistance fund).
``(2) Chapter 8 of this part (relating to international
narcotics control).
``(3) Chapter 4 of part II of this Act (relating to the
economic support fund).
``(4) Chapter 5 of part II of this Act (relating to
international military education and training).
``(5) Titles II and III of the Agricultural Trade
Development and Assistance Act of 1954.
``(6) The `Foreign Military Financing Program' under
section 23 of the Arms Export Control Act (22 U.S.C. 2763).
``(c) Availability.--Amounts made available under this section are
authorized to remain available until expended.''.
SEC. 3226. EFFECTIVENESS OF UNITED STATES DEVELOPMENT ASSISTANCE.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2251 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 130. EFFECTIVENESS OF UNITED STATES DEVELOPMENT ASSISTANCE.
``(a) Reports.--Not later than December 31, 1996, and December 31
of each third year thereafter, the President shall transmit to the
Congress a report which analyzes, on a country-by-country basis, the
impact and effectiveness of the United States development assistance
provided during the preceding three fiscal years. Each report shall
include the following for each recipient country:
``(1) An analysis of the impact of United States
development assistance during the preceding three fiscal years
on development in that country, with a discussion of the United
States interests that were served by the assistance. Such
analysis shall be done on a sector-by-sector basis to the
extent possible and shall identify any economic policy reforms
which were promoted by the assistance. Such analysis shall--
``(A) include a description, quantified to the
extent practicable, of the specific objectives the
United States sought to achieve in providing
development assistance for that country; and
``(B) specify the extent to which those objectives
were not achieved, with an explanation of why they were
not achieved.
``(2) A description of the amount and nature of development
assistance provided by other donors during the preceding three
fiscal years, set forth by development sector to the extent
possible.
``(3) A discussion of the commitment of the host government
to addressing the country's needs in each development sector,
including a description of the resources devoted by that
government to each development sector during the preceding
three fiscal years.
``(4) A description of the trends, both favorable and
unfavorable, in each development sector.
``(5) Statistical and other information necessary to
evaluate the impact and effectiveness of United States
development assistance on development in the country.
``(b) Listing of Most and Least Successful Assistance Programs.--
Each report required by this section shall identify--
``(1) those five countries in which United States
development assistance has been most successful; and
``(2) those five countries in which United States
development assistance has been least successful.
For each country listed pursuant to paragraph (2), the report shall
explain why the assistance was not more successful and shall specify
what the United States has done as a result.
``(c) Report To Be a Separate Document.--Each report required by
this section shall be submitted to the Congress as a separate document.
``(d) Definition.--As used in this section, the terms `United
States development assistance' and `development assistance' means
assistance under this chapter.''.
SEC. 3227. FUNDING FOR PRIVATE AND VOLUNTARY ORGANIZATIONS AND
COOPERATIVES.
(a) In General.--For each of the fiscal years 1996 and 1997, the
President should allocate an aggregate amount to private and voluntary
organizations and cooperatives under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) and the Support for East European Democracy
(SEED) Act of 1989 which, at a minimum, is equal to the aggregate
amount allocated to such organizations and cooperatives under such Acts
for fiscal year 1994.
(b) Definition.--For purposes of this section, the term ``private
and voluntary organization'' means a private nongovernmental
organization which--
(1) is organized under the laws of a country;
(2) receives funds from private sources;
(3) operates on a not-for-profit basis with appropriate
tax-exempt status if the laws of the country grant such status
to not-for-profit organizations;
(4) is voluntary in that it receives voluntary
contributions of money, time, or in-kind support from the
public; and
(5) is engaged or intends to be engaged in voluntary,
charitable, development, or humanitarian assistance activities.
SEC. 3228. SENSE OF THE CONGRESS RELATING TO UNITED STATES COOPERATIVES
AND CREDIT UNIONS.
It is the sense of the Congress that--
(1) United States cooperatives and credit unions can
provide an opportunity for people in developing countries to
participate directly in democratic decisionmaking for their
economic and social benefit through ownership and control of
business enterprises and through the mobilization of local
capital and savings; and
(2) such organizations should be utilized in fostering
democracy, free markets, community-based development, and self-
help projects.
Subchapter B--Operating Expenses
SEC. 3231. OPERATING EXPENSES GENERALLY.
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) $465,774,000 for fiscal year 1996 and $419,196,000
for fiscal year 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. 3232. 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 this Act, is further amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by striking ``and'' at the end of paragraph (1); and
(3) by inserting after paragraph (1) the following:
``(2) $35,206,000 for fiscal year 1996 and $30,685,000 for
fiscal year 1997 for necessary operating expenses of the office
of the inspector general of such agency; and''.
CHAPTER 4--PUBLIC LAW 480
SEC. 3241. LEVELS OF ASSISTANCE FOR TITLE II.
Section 204(a) of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1724(a)) is amended--
(1) in paragraph (1)(E), by striking ``for fiscal year
1995'' and inserting ``for each of the fiscal years 1995
through 1997''; and
(2) in paragraph (2)(E), by striking ``for fiscal year
1995'' and inserting ``for each of the fiscal years 1995
through 1997''.
SEC. 3242. AUTHORIZATION OF APPROPRIATIONS FOR TITLE III.
No funds are authorized to be appropriated for either of the fiscal
years 1996 and 1997 for the provision of agricultural commodities under
title III of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1727 et seq.).
CHAPTER 5--HOUSING GUARANTEE PROGRAM
SEC. 3251. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATIVE EXPENSES.
(a) In General.--(1) Subject to paragraph (2), there are authorized
to be appropriated $7,000,000 for fiscal year 1996 and $6,000,000 for
fiscal year 1997 for administrative expenses to carry out guaranteed
loan programs under sections 221 and 222 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2181 and 2182).
(2) Amounts authorized to be appropriated under paragraph (1) may
be made available only for--
(A) administrative expenses incurred with respect to
guaranties issued before the date of the enactment of this Act;
or
(B) expenses incurred with respect to activities related to
the collection of amounts paid by the United States in the
discharge of liabilities under guaranties issued under section
222 of the Foreign Assistance Act of 1961 (22 U.S.C. 2182).
(b) Availability.--Amounts authorized to be appropriated under
subsection (a) are authorized to remain available until expended.
SEC. 3252. ADDITIONAL REQUIREMENTS.
(a) Expiration of Authority.--Section 222(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2182(a)) is amended by striking the
third sentence and inserting the following: ``No guaranties may be
issued under this section on or after the date of the enactment of the
Foreign Aid Reduction Act of 1995.''.
(b) Cancellation of Certain Existing Guaranties.--Section 222 of
such Act (22 U.S.C. 2182) is amended--
(1) by redesignating subsection (k) as subsection (d); and
(2) by adding at the end the following new subsection:
``(e) The President shall cancel all guaranties issued under this
section with respect to which eligible investors have not (before the
date of the enactment of the Foreign Aid Reduction Act of 1995) applied
such guaranties to loans for projects under this title. The provisions
of this subsection shall not apply to guaranties which have been issued
for the benefit of the Republic of South Africa.''.
(c) Prohibition on Assistance for Entities in Default and Certain
Other Entities.--Section 620 of such Act (22 U.S.C. 2370) is amended by
inserting after subsection (u) the following new subsection:
``(v)(1) Subject to paragraph (2), no assistance shall be furnished
under this Act to any entity that--
``(A) fails to make timely payments on loans with respect
to which guaranties have been issued under title III of chapter
2 of part I of this Act (relating to housing and other credit
guaranty programs); or
``(B) causes amounts (including amounts for administrative
expenses) to be paid by the United States in the discharge of
liabilities under guaranties issued under such title, unless
such entity has reimbursed the United States for such amounts.
``(2) The President may waive the prohibition in paragraph (1) with
respect to an entity if the President determines that it is in the
national interest of the United States to furnish assistance under this
Act to such entity.''.
CHAPTER 6--PEACE CORPS
SEC. 3261. PEACE CORPS.
Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is amended
to read as follows:
``(b)(1) There are authorized to be appropriated to carry out the
purposes of this Act $219,745,000 for fiscal year 1996 and $215,000,000
for fiscal year 1997.
``(2) Amounts authorized to be appropriated under paragraph (1)--
``(A) with respect to fiscal year 1996 are authorized to
remain available until September 30, 1997; and
``(B) with respect to fiscal year 1997 are authorized to
remain available until September 30, 1998.''.
SEC. 3262. ACTIVITIES OF THE PEACE CORPS IN THE FORMER SOVIET UNION.
(a) In General.--Of the amounts made available for fiscal years
1996 and 1997 to carry out chapter 11 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295 et seq.; relating to assistance
for the independent states of the former Soviet Union), not more than
$11,600,000 for each such fiscal year shall be available for activities
of the Peace Corps in the independent states of the former Soviet Union
(as defined in section 3 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992).
(b) Availability.--Amounts made available under subsection (a)--
(1) with respect to fiscal year 1996 are authorized to
remain available until September 30, 1997; and
(2) with respect to fiscal year 1997 are authorized to
remain available until September 30, 1998.
SEC. 3263. PROHIBITION ON USE OF FUNDS FOR ABORTIONS.
Section 15 of the Peace Corps Act (22 U.S.C. 2514) is amended by
adding at the end the following new subsection:
``(e) Funds made available for the purposes of this Act may not be
used to pay for abortions.''.
CHAPTER 7--INTERNATIONAL DISASTER ASSISTANCE
SEC. 3271. AUTHORITY TO PROVIDE RECONSTRUCTION ASSISTANCE.
Section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292)
is amended--
(1) in subsection (b), by striking ``and rehabilitation''
and inserting ``, rehabilitation, and reconstruction''; and
(2) in subsection (c), by striking ``and rehabilitation''
and inserting ``, rehabilitation, and reconstruction''.
SEC. 3272. AUTHORIZATIONS OF APPROPRIATIONS.
Section 492(a) of such Act (22 U.S.C. 2292a(a)) is amended to read
as follows:
``(a) There are authorized to be appropriated to the President to
carry out section 491, in addition to funds otherwise available for
such purposes, $200,000,000 for each of the fiscal years 1996 and
1997.''.
CHAPTER 8--OVERSEAS PRIVATE INVESTMENT CORPORATION
SEC. 3275. STUDY ON OPIC PRIVATIZATION.
The President or his designee shall conduct and, not later than 180
days after the date of the enactment of this Act, report to the
Congress on the feasibility of transferring the activities of the
Overseas Private Investment Corporation to the private sector.
SEC. 3276. PRIVATIZATION OF OPIC ACTIVITIES.
Upon completion of the report required under section 3275, the
President is authorized to sell the stock of the Overseas Private
Investment Corporation and to take other necessary steps so that all
the evidences of ownership of the Corporation are transferred to the
private sector, whether through the sale of the Corporation's
contracts, leases, or other agreements or rights, or otherwise.
CHAPTER 9--OTHER PROVISIONS
SEC. 3281. EXEMPTION FROM RESTRICTIONS ON ASSISTANCE THROUGH
NONGOVERNMENTAL ORGANIZATIONS.
Section 123(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151u(e)) is amended to read as follows:
``(e)(1) Subject to paragraph (3), restrictions contained in this
Act or any other provision of law with respect to assistance for a
country shall not be construed to restrict assistance under this
chapter, chapter 10, or chapter 11 of this part in support of programs
of nongovernmental organizations.
``(2) The President shall take into consideration, in any case in
which a restriction on assistance for a country would be applicable but
for this subsection, whether assistance for programs of nongovernmental
organizations is in the national interest of the United States.
``(3) Whenever the authority of this subsection is used to furnish
assistance for a program of a nongovernmental organization, the
President shall notify the congressional committees specified in
section 634A(a) of this Act in accordance with procedures applicable to
reprogramming notifications under that section. Such notification shall
describe the program assisted, the assistance provided, and the reasons
for furnishing such assistance.''.
SEC. 3282. FUNDING REQUIREMENTS RELATING TO UNITED STATES PRIVATE AND
VOLUNTARY ORGANIZATIONS.
(a) In General.--Section 123(g) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151u(g)) is amended to read as follows:
``(g) Funds made available to carry out this chapter or chapter 10
of this part may not be made available to any United States private and
voluntary organization, except any cooperative development
organization, that obtains less than 20 percent of its total annual
financial support for its international activities from sources other
than the United States Government.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to funds made available for programs of any United States
private and voluntary organization on or after the date of the
enactment of this Act.
SEC. 3283. DOCUMENTATION REQUESTED OF PRIVATE AND VOLUNTARY
ORGANIZATIONS.
Section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370),
as amended by this Act, is further amended by inserting after
subsection (v) (as added by this Act) the following new subsection:
``(w) None of the funds made available to carry out this Act shall
be available to any private and voluntary organization which--
``(1) fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the
agency primarily responsible for administering part I of this
Act; or
``(2) is not registered with the agency primarily
responsible for administering part I of this Act.''.
SEC. 3284. FOREIGN GOVERNMENT PARKING FINES.
(a) In General.--Chapter 1 of part III of the Foreign Assistance
Act of 1961 (22 U.S.C. 2351 et seq.), as amended by this Act, is
further amended by adding at the end the following new section:
``SEC. 620I. FOREIGN GOVERNMENT PARKING FINES.
``(a) In General.--An amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to the
District of Columbia, Virginia, Maryland, and New York by the
government of a foreign country as of the end of a fiscal year, as
certified to the President by the chief executive officer of each State
or District, shall be withheld from obligation for such country out of
funds available in the next fiscal year to carry out part I of this
Act, until the requirement of subsection (b) is satisfied.
``(b) Requirement.--The requirement of this subsection is satisfied
when the Secretary of State determines and certifies to the appropriate
congressional committees that such fines and penalties are fully paid
to the governments of the District of Columbia, Virginia, Maryland, and
New York.
``(c) Appropriate Congressional Committees Defined.--For purposes
of this section, the term `appropriate congressional committees' means
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fines certified as of the end of fiscal year 1995
or any fiscal year thereafter.
SEC. 3285. HUMAN RIGHTS REPORTS.
(a) Section 116 Report.--Section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) the votes of each member of the United Nations
Commission on Human Rights on all country-specific and thematic
resolutions voted on at the Commission's annual session during
the period covered during the preceding year;
``(4) the extent to which each country has extended
protection to refugees, including the provision of first asylum
and resettlement; and''.
(b) Section 502B Report.--Section 502B(b) of such Act (22 U.S.C.
2304(b)) is amended by adding after the second sentence the following
new sentence: ``Each report under this section shall list the votes of
each member of the United Nations Commission on Human Rights on all
country-specific and thematic resolutions voted on at the Commission's
annual session during the period covered during the preceding year.''.
SEC. 3286. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE
FUNDS.
Chapter 3 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2401 et seq.) is amended by adding at the end the following:
``SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC ASSISTANCE
FUNDS.
``(a) Requirement to Deobligate.--
``(1) In general.--Except as provided in subsection (b) of
this section and in paragraphs (1) and (3) of section 617(a) of
this Act, at the beginning of each fiscal year the President
shall deobligate and return to the Treasury, any funds
described in paragraph (2) that, as of the end of the preceding
fiscal year, have been obligated for a project or activity for
a period of more than 3 years but have not been expended.
``(2) Funds.--Paragraph (1) applies to funds made available
for--
``(A) assistance under chapter 1 of part I of this
Act (relating to development assistance), chapter 10 of
part I of this Act (relating to the Development Fund
for Africa), or chapter 4 of part II of this Act
(relating to the economic support fund);
``(B) assistance under the `Multilateral Assistance
Initiative for the Philippines';
``(C) assistance under the Support for East
European Democracy (SEED) Act of 1989; and
``(D) economic assistance for the independent
states of the former Soviet Union under this Act or
under any other Act authorizing economic assistance for
such independent states.
``(b) Exceptions.--The President, on a case-by-case basis, may
waive the requirement of subsection (a)(1) if the President determines,
and reports to the appropriate congressional committees, that--
``(1) the funds are being used for a construction project
that requires more than 3 years to complete; or
``(2) the funds have not been expended because of
unforeseen circumstances, and those circumstances could not
have been reasonably foreseen.
``(c) Comments by Inspector General.--As soon as possible after the
submission of a report pursuant to subsection (b), the Inspector
General of the agency primarily responsible for administering part I of
this Act shall submit to the appropriate congressional committees such
comments as the Inspector General considers appropriate with regard to
the determination described in that report.
``(d) Appropriate Congressional Committees.--As used in this
section, the term `appropriate congressional committees' means the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate.''.
TITLE XXXIII--REGIONAL PROVISIONS
SEC. 3301. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS PROVIDING
ASSISTANCE TO CUBA.
(a) In General.--Section 620 of the Foreign Assistance Act of 1961
(22 U.S.C. 2370), as amended by this Act, is further amended by adding
at the end the following new subsection:
``(y)(1) No assistance may be provided under this Act (other than
humanitarian assistance and assistance for refugees) for a fiscal year
to any foreign government that the President determines has provided
economic assistance to or engaged in nonmarket-based trade with the
Government of Cuba or any entity controlled by such Government in the
preceding fiscal year.
``(2) The President may waive the requirements of paragraph (1)
if--
``(A) the President certifies to the congressional
committees specified in section 634A of this Act (in accordance
with procedures applicable to reprogramming of funds under that
section) that the provision of such assistance is vital to the
national security of the United States; or
``(B) the President determines and reports to the Congress
that the Government of Cuba has met the requirements contained
in section 1708 of the Cuban Democracy Act of 1992 (22 U.S.C.
6001 et seq.).
``(3) Not later than February 1st each year, the President shall
prepare and transmit to the appropriate congressional committees a
report containing a list of all foreign governments that the President
has determined have provided economic assistance to or engaged in
nonmarket-based trade with the Government of Cuba in the preceding
fiscal year.
``(4) For purposes of this subsection--
``(A) the term `appropriate congressional committees' means
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate;
``(B) the term `humanitarian assistance' means food
(including the monetization of food), clothing, medicine, and
medical supplies; and
``(C) the term `nonmarket-based trade' includes exports,
imports, exchanges, or other trade arrangements under which
goods or services are provided on terms more favorable than
those generally available in applicable markets or for
comparable commodities, including--
``(i) exports to the Government of Cuba on terms
that involve a grant, concessional price, guaranty,
insurance, or subsidy;
``(ii) imports from the Government of Cuba at
preferential tariff rates; and
``(iii) exchange arrangements that include advance
delivery of commodities, arrangements in which the
Government of Cuba is not held accountable for
unfulfilled exchange contracts, and arrangements under
which such Government does not pay appropriate
transportation, insurance, or finance costs.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
prohibition on assistance to a foreign government contained in
section 620(y) of the Foreign Assistance Act of 1961, as added
by subsection (a), shall apply only with respect to assistance
provided in fiscal years beginning on or after the date of the
enactment of this Act.
(2) Exception.--In the case of the fiscal year in which
this Act is enacted, such prohibition shall apply with respect
to the obligation or expenditure of
assistance on or after the date of the enactment of this Act.
SEC. 3302. ASSISTANCE FOR NICARAGUA.
(a) Restrictions.--Amounts made available for fiscal years 1996 and
1997 for assistance under chapter 1 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.; relating to development
assistance) or chapter 4 of part II of such Act (22 U.S.C. 2346 et
seq.; relating to the economic support fund), including any unobligated
balances of prior appropriations, may only be made available to the
Government of Nicaragua if the Secretary of State determines and
certifies to the appropriate congressional committees that--
(1) a full and independent investigation has been completed
of the weapons caches discovered after the May 23, 1993, Santa
Rosa arms cache explosion, including an investigation of
passports, identity papers, and other documents found at
weapons sites indicating the existence of a terrorist or
kidnapping ring and whether the terrorist network was involved
in the February 1993 World Trade Center bombing;
(2) prosecutions have been initiated against all
individuals, including government officials and members of the
armed forces or security forces of Nicaragua, identified in the
investigation described in paragraph (1);
(3) Nicaragua has made substantial progress in meeting the
requirements set forth in section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (relating to
expropriation of United States property);
(4) substantial progress has been made in the timely
implementation of all recommendations made by the Tripartite
Commission with respect to individuals responsible for
assassinations, including the immediate suspension of all
individuals from the Sandinista Army and security forces who
were named in such recommendations, and the expeditious
prosecution of such individuals;
(5) all individuals responsible for the murders of Jean
Paul Genie, Arges Sequeira, and Enrique Bermudez have been
removed from the military and security forces of Nicaragua, and
judicial proceedings against these individuals have been
initiated;
(6) specific changes have been implemented which have
resulted in verifiable civilian control over the Sandinista
military, security forces, and police; and
(7) genuine, effective, and concrete reforms in the
Nicaraguan judicial system have been initiated.
(b) Contents of Certification.--
(1) In general.--A certification made pursuant to
subsection (a) shall include a detailed accounting of all
evidence in support of the determinations listed in paragraphs
(1) through (7) of such subsection.
(2) Form.--A certification made pursuant to subsection (a)
shall be submitted in unclassified form, and, to the extent
necessary, classified form.
(c) Exception to Restrictions.--The restrictions on the
availability of funds in subsection (a) shall not apply to support
for--
(1) programs facilitating the resolution of United States
citizen property claims;
(2) the International Commission for Support and
Verification of the Organization of American States for human
rights monitoring, related assistance programs or election
observation;
(3) independent human rights groups in Nicaragua;
(4) programs intended to ensure free and fair elections in
Nicaragua;
(5) democracy-building programs administered through the
National Endowment for Democracy and related nongovernmental
groups; or
(6) programs to promote civilian control of the military.
(d) Appropriate Congressional Committees Defined.--For purposes of
this section, the term ``appropriate congressional committees'' means
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate.
SEC. 3303. SENSE OF THE CONGRESS REGARDING RELATIONS WITH BURMA.
It is the sense of the Congress that--
(1) official United States trade delegations to Burma
should be indefinitely suspended;
(2) visits to Burma by senior officials of the United
States Government should be minimized until Aung San Suu Kyi is
released from house arrest;
(3) the Secretary of Labor should submit to the Congress a
report on labor practices in Burma so that Members of Congress
can better inform constituents, including stockholders and
business leaders of the United States companies which transact
commerce with Burma, on labor conditions in that country;
(4) the Secretary of State should submit to the Congress a
report on resource exploitation and environmental degradation
in Burma;
(5) no assistance should be used for cooperative
counternarcotics efforts between the United States and members
of the State Law and Order Restoration Committee (SLORC)
regime;
(6) the United States should discourage the Association of
Southeast Asian Nations (ASEAN) from including the SLORC regime
in ASEAN activities;
(7) the Secretary of State should submit to the Congress a
report which outlines a strategy for encouraging democratic
transition in Burma; and
(8) the United States should encourage its allies to
restrict the relations of such allies with Burma in accordance
with this section.
SEC. 3304. DEBT RESTRUCTURING FOR EGYPT.
(a) Findings.--The Congress makes the following findings:
(1) The Government of Egypt owes the United States
Government over $6,000,000,000 from prior economic assistance
credit programs.
(2) Current annual debt service payments by Egypt to the
United States are approximately $270,000,000, will climb in the
near future to $350,000,000, and will continue until the year
2021.
(3) Egypt's debt service to the United States results in
reduced investment capital and slower economic growth in Egypt.
(4) Restructuring Egypt's debt burden, and buying down
Egypt's debt, could substantially reduce over time Egypt's
requirement for economic assistance.
(5) Addressing Egypt's debt burden is in the mutual
interest of Egypt and the United States.
(b) Report.--(1) Not later than January 31, 1996, the Secretary of
State and the Secretary of the Treasury shall develop and submit to the
appropriate congressional committee options to restructure Egypt's
debt, and buy down, over a period of time through the use of funds
authorized to be appropriated under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund), all outstanding debt owed by the Government of
Egypt to the United States Government, including debt owed under
development assistance, agriculture, Export-Import Bank, and Commodity
Credit Corporation credit programs.
(2) The Secretary of State and the Secretary of the Treasury shall
develop the options required by paragraph (1) in such a way as to
enable the United States to reduce assistance to Egypt in the future
under chapter 4 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2346 et seq.; relating to the economic support fund). In the
development of such options, the Secretaries shall consult with the
Secretary of Commerce for the purpose of determining the impact of the
options required under paragraph (1) on the level of United States
exports to Egypt.
(3) For purposes of this subsection, the term ``appropriate
congressional committees'' means the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
SEC. 3305. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS PROVIDING
ASSISTANCE TO IRAN.
(a) Findings.--The Congress makes the following findings:
(1) Iran is engaged in an intensive effort to develop
nuclear weapons and some nations have indicated that they are
prepared to cooperate with Iran in the nuclear field.
(2) The possession of nuclear weapons by Iran would
represent a serious threat to the peace and security of the
entire Middle East region and an extremely serious challenge to
United States interests in that region.
(3) The United States places the highest priority on
denying to Iran the capability to produce nuclear weapons and
systems for the delivery of nuclear weapons and other weapons
of mass destruction.
(4) The sale or transfer to Iran by any other government or
with the permission of any other government of technology that
may be critical for Iran to develop or deploy nuclear weapons
is a serious threat to United States interests.
(b) Admission to NATO.--It is the sense of the Congress that the
United States should vigorously oppose the accession to the North
Atlantic Treaty and the admission to the North Atlantic Treaty
Organization of any country which sells or licenses for sale any
nuclear or dual-use technology or any military weapons, equipment,
ammunition or munitions of any kind, including any item included on any
lists covered by the Missile Technology Control Regime, to Iran or to
any country which the Secretary of State has determined repeatedly
provides support for acts of international terrorism pursuant to
section 6(j) of the Export Administration Act of 1979.
(c) Prohibition on United States Assistance.--No assistance
authorized to be appropriated by this Act or any other Act may be
provided by any agency of the United States Government to the
government of any country which sells or licenses for sale any nuclear
or dual-use technology or any military weapons, equipment, ammunition
or munitions of any kind, including any item included on any lists
covered by the Missile Technology Control Regime, to Iran or to any
other country which the Secretary of State has determined repeatedly
provides support for acts of international terrorism pursuant to
section 6(j) of the Export Administration Act of 1979.
(d) Exceptions.--The prohibition in subsection (c) shall not apply
to--
(1) assistance provided to Russia, Belarus, Ukraine, or
Kazakhstan under the authorities of the Soviet Nuclear Threat
Reduction Act of 1991 (title II of Public Law 102-228; 105
Stat. 1691); and
(2) assistance provided under chapter 11 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.;
relating to assistance for the independent states of the former
Soviet Union) for the purposes of--
(A) humanitarian, disaster, or refugee relief; or
(B) assisting democratic political reform and rule
of law activities, and assisting in the creation of
private sector and nongovernmental organizations that
are independent of government ownership and control.
SEC. 3306. ASSISTANCE FOR PAKISTAN.
Section 620E(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2375(e)) is amended--
(1) by striking ``No assistance shall'' and inserting ``(1)
Except as provided in paragraph (2), no assistance shall''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Assistance in support of nongovernmental organizations or
microenterprises under chapter 1 of part I of this Act (relating to
development assistance) and assistance under the provisions of law
described in subparagraph (B) may be made available for Pakistan.
``(B) The provisions of law described in this subparagraph are the
following:
``(i) Title IV of chapter 2 of part I of this Act (relating
to the Overseas Private Investment Corporation).
``(ii) Chapter 8 of part I of this Act (relating to
international narcotics control).
``(iii) Chapter 5 of part II of this Act (relating to
international military education and training).
``(iv) Chapter 8 of part II of this Act (relating to
antiterrorism assistance).
``(v) Any provision of law under which assistance is
available to carry out the following activities:
``(I) Aviation safety.
``(II) Immigration and customs procedures.
``(III) Peacekeeping.
``(IV) Promotion of trade and investment interests
of the United States.
``(C) Assistance described in subparagraph (B)(iii) may be made
available for Pakistan under this paragraph for fiscal year 1997 and
each subsequent fiscal year only if the President certifies to the
Congress for such fiscal year that the Government of Pakistan is fully
cooperating with United States counter-narcotics assistance programs
and policies.''.
SEC. 3307. RETURN OF MILITARY EQUIPMENT OF PAKISTAN.
It is the sense of the Congress that--
(1) the inability of the President since October 1, 1990,
to make the necessary certification under section 620E(e) of
the Foreign Assistance Act of 1961 (relating to the nuclear
activities of Pakistan) has prevented the delivery of military
aircraft for which Pakistan made nonrefundable cash payments to
contractors and unnecessarily complicated the achievement of
United States foreign policy and nonproliferation objectives in
South Asia;
(2) in the absence of a Presidential certification for
Pakistan under section 620E(e) of such Act, the United States
should make a determined effort to find a third party buyer for
the such military aircraft and should reimburse Pakistan with
any proceeds derived from a sale to such third party, up to the
amount paid by Pakistan for such military aircraft; and
(3) with respect to other military equipment imported into
the United States from Pakistan prior to May 1, 1991, for
repair or modification by the Department of Defense, the return
of such military equipment, including spare parts thereof, or
equivalent equipment or spare parts originally owned by another
country, does not constitute a transfer of military equipment
under the terms of section 620E(e) of such Act, provided such
military equipment or spare parts are returned in an unrepaired
state or without modifications for which they were originally
imported into the United States.
SEC. 3308. ELIGIBILITY OF PANAMA UNDER ARMS EXPORT CONTROL ACT.
The Government of the Republic of Panama shall be eligible to
purchase defense articles and defense services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), except as otherwise specifically
provided by law.
SEC. 3309. FUTURE OF THE UNITED STATES MILITARY PRESENCE IN PANAMA.
(a) Findings.--The Congress makes the following findings:
(1) The Panama Canal is a vital strategic asset to the
United States, its allies, and the world.
(2) The Treaty on the Permanent Neutrality and Operation of
the Panama Canal signed on September 7, 1977, provides that
Panama and the United States have the responsibility to assure
that the Panama Canal will remain open and secure.
(3) Such Treaty also provides that each of the two
countries shall, in accordance with their respective
constitutional processes, defend the Canal against any threat
to the regime of neutrality, and consequently shall have the
right to act against any aggression or threat directed against
the Canal or against the peaceful transit of vessels through
the Canal.
(4) The United States instrument of ratification of such
Treaty includes specific language that the two countries should
consider negotiating future arrangements or agreements to
maintain military forces necessary to fulfill the
responsibility of the two countries of maintaining the
neutrality of the Canal after 1999.
(5) The Government of Panama, in the bilateral Protocol of
Exchange of instruments of ratification, expressly ``agreed
upon'' such arrangements or agreements.
(6) The United States Navy depends upon the Panama Canal
for rapid transit in times of emergency, as demonstrated during
World War II, the Korean War, the Vietnam conflict, the Cuban
Missile Crisis, and the Persian Gulf conflict.
(7) Drug trafficking and money laundering have proliferated
in the Western Hemisphere since the Treaty on the Permanent
Neutrality and Operation of the Panama Canal was signed on
September 7, 1977, and such trafficking and laundering poses a
grave threat to peace and security in the region.
(8) Certain facilities now utilized by the United States
Armed Forces in Panama are critical to combat the trade in
illegal drugs.
(9) The United States and Panama share common policy goals
such as strengthening democracy, expanding economic trade, and
combating illegal narcotics throughout Latin America.
(10) The Government of Panama has dissolved its military
forces and has maintained only a civilian police organization
to defend the Panama Canal against aggression.
(11) Certain public opinion polls in Panama suggest that
many Panamanians desire a continued United States military
presence in Panama.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) the President should negotiate an agreement with the
Government of Panama--
(A) to allow the stationing of United States Armed
Forces in Panama beyond December 31, 1999; and
(B) to ensure that the United States will be able
to act after December 31, 1999, to maintain the
security of the Panama Canal and guarantee its regular
operation, consistent with the Panama Canal Treaty, the
Treaty concerning the Permanent Neutrality and
Operation of the Panama Canal, and the resolutions of
ratification thereto; and
(2) the President should consult with the Congress
throughout the negotiations described in paragraph (1).
SEC. 3310. PEACE AND STABILITY IN THE SOUTH CHINA SEA.
(a) Findings.--The Congress finds the following:
(1) The South China Sea is a critically important waterway
through which 25 percent of the world's ocean freight and 70
percent of Japan's energy supplies transit.
(2) The South China Sea serves as a crucial sea lane for
United States Navy ships moving between the Pacific and Indian
Oceans, particularly in time of emergency.
(3) There are a number of competing claims to territory in
the South China Sea.
(4) The 1992 Manila Declaration adhered to by the
Association of South East Asian Nations, the Socialist Republic
of Vietnam, and the People's Republic of China calls for all
claimants to territory in the South China Sea to resolve
questions of boundaries through peaceful negotiations.
(5) The legislature of the People's Republic of China has
declared the entire South China Sea to be Chinese territorial
waters.
(6) The armed forces of the People's Republic of China have
asserted China's claim to the South China Sea through the
kidnapping of citizens of the Republic of the Philippines and
the construction of military bases on territory claimed by the
Philippines.
(7) These acts of aggression committed by the armed forces
of the People's Republic of China against citizens of the
Philippines are contrary to both international law and to peace
and stability in East Asia.
(b) Policy Declarations.--The Congress--
(1) declares the right of free passage through the South
China Sea to be vital to the national security interests of the
United States, its friends, and allies;
(2) declares that any attempt by a nondemocratic power to
assert, through the use of force or intimidation, its claims to
territory in the South China Sea to be a matter of grave
concern to the United States;
(3) calls upon the Government of the People's Republic of
China to adhere faithfully to its commitment under the Manila
Declaration of 1992; and
(4) calls upon the President to review the defense needs of
democratic countries with claims to territory in the South
China Sea.
SEC. 3311. SENSE OF THE CONGRESS REGARDING NARCOTICS CONTROL EFFORTS OF
COLOMBIA.
It is the sense of the Congress that--
(1) relations between the United States and Colombia are at
a critical stage, particularly following the President's March
1, 1995, decision to grant the Government of Colombia a
national interest waiver in the 1994 narcotics certification
determination;
(2) the Government of Colombia has undertaken efforts
toward the elimination of drug trafficking organizations,
especially the powerful ``kingpins'' based in Cali;
(3) important advances need to be taken to dismantle the
operations of criminal enterprises in Colombia which seek to
corrupt government institutions;
(4) the Government of Colombia should be encouraged to
complete specific, attainable objectives in its overall
narcotics control strategy, including--
(A) the arrest and prosecution of the acknowledged
leaders of the Cali drug organization;
(B) the imposition of tougher sentencing of drug
traffickers to ensure that such traffickers serve
sentences commensurate with their crimes;
(C) the expeditious passage of legislation to
criminalize money laundering;
(D) the aggressive eradication of illicit crops,
including coca opium, and marijuana;
(E) the elimination of the industrial
infrastructure of the narcotics trade, including
laboratories, precursor chemicals, and aircraft;
(F) the destruction of the internal narcotics
distribution export system, including the use of
airports, rivers, and ports for such system;
(G) the elimination of the island of San Andres as
a illegal narcotics transshipment point; and
(H) the end of the current policy of the Government
of Colombia under which key drug traffickers are given
lenient sentences in return for their surrender;
(5) the Secretary of State should make the issue of illicit
narcotics the highest foreign policy priority of the United
States with respect to relations with key illicit drug transit
and producing nations, such as Colombia; and
(6) the Secretary of State should request our European
allies to join the United States in sending a clear message to
Colombia on the importance of attaining these counternarcotics
goals and objectives in the shortest possible time so that
reductions in United States foreign assistance will not be
necessary in the future.
SEC. 3312. NOTIFICATION OF ARMS SALES TO SAUDI ARABIA.
(a) Notification.--Until the certification under subsection (b) is
submitted to the Congress, section 36(b)(1) of the Arms Export Control
Act shall be applied to sales of Saudi Arabia by substituting in the
first sentence ``0'' for $50,000,000, ``0'' for $200,000,000, and ``0''
for $14,000,000.
(b) Certification.--Subsection (a) shall cease to apply if and when
the Secretary of State certifies and reports in writing to the Congress
that the unpaid claims of American firms against the Government of
Saudi Arabia that are described in the June 30, 1993, report by the
Secretary of Defense pursuant to section 9140(c) of the Department of
Defense Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1939),
including the additional claims noticed by the Department of Commerce
on page 2 of that report, have been resolved satisfactorily.
SEC. 3313. ASSISTANCE FOR ZAIRE.
(a) Security Assistance.--Assistance may not be transferred to the
Government of Zaire for each of the fiscal years 1996 and 1997--
(1) under chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic
support fund);
(2) under chapter 5 of part II of that Act (22 U.S.C. 2347
et seq.; relating to international military education and
training); or
(3) from the ``Foreign Military Financing Program'' account
under section 23 of the Arms Export Control Act (22 U.S.C.
2763).
(b) Development Assistance.--Assistance under chapter 1 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating
to development assistance) or chapter 10 of such part (22 U.S.C. 2293
et seq.; relating to the Development Fund for Africa) for each of the
fiscal years 1996 and 1997 shall not be transferred to the Government
of Zaire.
SEC. 3314. ASSISTANCE FOR LAOS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a permanent waiver on the prohibition of foreign
assistance for Laos should be granted following the fullest
possible accounting of all outstanding POW/MIA cases involving
Laos;
(2) the United States should continue to improve its
relationship with Laos as the mutual cooperation between the
two countries on POW/MIA issues improves;
(3) no Lao citizen or government official should be held
accountable by the United States for activities involved in
holding American POW/MIAs if those citizens or officials
cooperate with efforts to return such POW/MIAs alive or to
otherwise account for such POW/MIAs;
(4) the future relationship of the United States with Laos
should be characterized by economic cooperation and friendly
diplomatic ties;
(5) such bilateral relationship will improve as respect for
human rights in Laos improves, including human rights for Hmong
people; and
(6) in the event an American POW/MIA is returned alive from
Laos, the United States should view this action as a positive
development and as strong incentive for the United States to
rapidly improve our economic and diplomatic relationship with
Laos.
(b) Limitation.--Notwithstanding section 620 of the Foreign
Assistance Act of 1961, foreign assistance may be provided for Laos for
fiscal years 1996 and 1997 only if the President determines and
certifies to the Congress that the Government of Laos is cooperating
with the United States on outstanding POW/MIA cases involving Laos.
SEC. 3315. RESTRICTIONS ON ASSISTANCE FOR GUATEMALA.
(a) Restriction.--None of the funds authorized to be appropriated
for grant assistance under section 23 of the Arms Export Control Act
(22 U.S.C. 2763; relating to foreign military financing) or for
assistance under chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.; relating to international military
education and training) may be made available to the Government of
Guatemala unless the Secretary of State determines and certifies to the
appropriate congressional committees that--
(1) substantial progress has been made in the prosecution
of all those responsible for the human rights abuses against
Michael DeVine, Nicholas Blake, Griffin Davis, Dianna Ortiz,
Myrna Mack, and Efrain Bamaca Velasquez;
(2) former Guatemalan Lieutenant Colonel Carlos Rene Ochoa
Ruiz, who is under indictment in the State of Florida for
narcotics trafficking, has been extradited to the United
States; and
(3) substantial progress has been made in the dismantling
of the Voluntary Civil Self-Defense Committees, curbing their
patrols, and returning their weapons to the Guatemalan
military.
(b) Appropriate Congressional Committees Defined.--For purposes of
this section, the term ``appropriate congressional committees'' means
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate.
SEC. 3316. PROHIBITION ON ECONOMIC ASSISTANCE, MILITARY ASSISTANCE OR
ARMS TRANSFERS TO THE GOVERNMENT OF MAURITANIA UNLESS
APPROPRIATE ACTION IS TAKEN TO ELIMINATE CHATTEL SLAVERY.
(a) Prohibition.--The President may not provide economic
assistance, military assistance or arms transfers to the Government of
Mauritania unless the President certifies to the Congress that such
Government has taken appropriate action to eliminate chattel slavery in
Mauritania, including--
(1) the enactment of anti-slavery laws that provide
appropriate punishment for violators of such laws; and
(2) the rigorous enforcement of such laws.
(b) Definitions.--For purposes of this section, the following
definitions apply:
(1) Economic assistance.--The term ``economic assistance''
means any assistance under part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) and any assistance under
chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.)
(relating to the economic support fund), except that such term
does not include humanitarian assistance.
(2) Military assistance or arms transfers.--The term
``military assistance or arms transfers'' means--
(A) assistance under chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.)
(relating to military assistance), including the
transfer of excess defense articles under sections 516
through 519 of that Act (22 U.S.C. 2321j through
2321m);
(B) assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)
(relating to international military education and
training);
(C) assistance under the ``Foreign Military
Financing Program'' under section 23 of the Arms Export
Control Act (22 U.S.C. 2763); or
(D) the transfer of defense articles, defense
services, or design and construction services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.),
including defense articles and defense services
licensed or approved for export under section 38 of
that Act (22 U.S.C. 2778).
TITLE XXXIV--SPECIAL AUTHORITIES AND OTHER PROVISIONS
CHAPTER 1--SPECIAL AUTHORITIES
SEC. 3401. ENHANCED TRANSFER AUTHORITY.
Section 610 of the Foreign Assistance Act of 1961 (22 U.S.C. 2360)
is amended to read as follows:
``SEC. 610. TRANSFER BETWEEN ACCOUNTS.
``(a) General Authority.--Whenever the President determines it to
be necessary for the purposes of this Act or the Arms Export Control
Act (22 U.S.C. 2751 et seq.), not to exceed 20 percent of the funds
made available to carry out any provision of this Act (except funds
made available pursuant to title IV of chapter 2 of part I) or section
23 of the Arms Export Control Act (22 U.S.C. 2763)--
``(1) may be transferred to, and consolidated with, the
funds in any other account or fund available to carry out any
provision of this Act or the Arms Export Control Act; and
``(2) may be used for any purpose for which funds in that
account or fund may be used.
``(b) Limitation on Amount of Increase.--The total amount in the
account or fund for the benefit of which transfer is made under
subsection (a) during any fiscal year may not be increased by more than
20 percent of the amount of funds otherwise made available.
``(c) Notification.--The President shall notify in writing the
congressional committees specified in section 634A at least fifteen
days in advance of each such transfer between accounts in accordance
with procedures applicable to reprogramming notifications under such
section.''.
SEC. 3402. AUTHORITY TO MEET UNANTICIPATED CONTINGENCIES.
Paragraph (1) of section 451(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2261(a)(1)) is amended by striking ``$25,000,000'' and
inserting ``$50,000,000''.
SEC. 3403. SPECIAL WAIVER AUTHORITY.
(a) Laws Affected.--Section 614 of the Foreign Assistance Act of
1961 is amended by striking subsections (a)(1) and (a)(2) and inserting
the following:
``(a) Authority To Authorize Assistance, Sales, and Other Actions;
Limitations.--(1) The President may authorize assistance, sales, or
other action under this Act, the Arms Export Control Act, or any annual
(or periodic) foreign assistance authorization or appropriations
legislation, without regard to any of the provisions described in
subsection (b), if the President determines, and notifies in writing
the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate--
``(A) with respect to assistance or other actions under
chapter 2 or 5 of part II of this Act, or sales or other
actions under the Arms Export Control Act, that to do so is
vital to the national security interests of the United States;
and
``(B) with respect to other assistance or actions that to
do so is important to the national interests of the United
States.
``(2) The President may waive any provision described in paragraph
(1), (2), or (3) of subsection (b) that would otherwise prohibit or
restrict assistance or other action under any provision of law not
described in those paragraphs if the President determines, and notifies
in writing the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate, that to do so is
important to the national interests of the United States.''.
(b) Annual Ceiling.--Section 614(a)(4)(C) of that Act is amended by
striking ``$50,000,000'' and inserting ``$75,000,000'.
(c) Laws Which May Be Waived.--Section 614 of that Act is amended
by striking subsections (b) and (c) and inserting the following:
``(b) Laws Which May Be Waived.--The provisions referred to in
subsections (a)(1) and (a)(2) are--
``(1) the provisions of this Act;
``(2) the provisions of the Arms Export Control Act;
``(3) the provisions of any annual (or periodic) foreign
assistance authorization or appropriations legislation,
including any amendment made by any such Act;
``(4) any other provision of law that restricts assistance,
sales or leases, or other action under the Acts referred to in
paragraph (1), (2), or (3); and
``(5) any law relating to receipts and credits accruing to
the United States.''.
(d) Conforming Amendments.--Section 614(a)(4) of that Act is
amended--
(1) in subparagraph (A)(ii), by striking ``or the Arms
Export Control Act''; and
(2) in subparagraph (B), by striking ``the Arms Export
Control Act or under''.
SEC. 3404. TERMINATION OF ASSISTANCE.
Section 617 of the Foreign Assistance Act of 1961 (22 U.S.C. 2367)
is amended to read as follows:
``SEC. 617. TERMINATION OF ASSISTANCE.
``(a) In General.--(1) In order to ensure the effectiveness of
assistance provided under this Act or the Arms Export Control Act,
funds made available under this Act to carry out any program, project,
or activity of assistance shall remain available for obligation for a
period not to exceed 8 months after the date of termination of such
assistance for the necessary expenses of winding up such programs,
projects, or activities and, notwithstanding any other provision of
law, funds so obligated may remain available until expended.
``(2) Funds obligated to carry out any program, project, or
activity of assistance before the effective date of the termination of
such assistance are authorized to be available for expenditure for the
necessary expenses of winding up such programs, projects, and
activities, notwithstanding any provision of law restricting the
expenditure of funds, and may be reobligated to meet any other
necessary expenses arising from the termination of such assistance.
``(3) The necessary expenses of winding up programs, projects, and
activities of assistance include the obligation and expenditure of
funds to complete the training or studies outside their countries of
origin of students whose course of study or training program began
before assistance was terminated.
``(b) Liability to Contractors.--For the purpose of making an
equitable settlement of termination claims under extraordinary
contractual relief standards, the President is authorized to adopt as a
contract or other obligation of the United States Government, and
assume (in whole or in part) any liabilities arising thereunder, any
contract with a United States or third-country contractor to carry out
any program, project, or activity of assistance under this Act that was
subsequently terminated pursuant to law.
``(c) Guarantee Programs.--Provisions of this or any other Act
requiring the termination of assistance under this Act or the Arms
Export Control Act shall not be construed to require the termination of
guarantee commitments that were entered into before the effective date
of the termination of assistance.''.
CHAPTER 2--OTHER PROVISIONS
SEC. 3411. CONGRESSIONAL PRESENTATION DOCUMENTS.
Section 634 of the Foreign Assistance Act of 1961 (22 U.S.C. 2394)
is amended to read as follows:
``SEC. 634. CONGRESSIONAL PRESENTATION DOCUMENTS.
``(a) Requirement for Submission.--As part of the annual requests
for enactment of authorizations and appropriations for foreign
assistance programs for each fiscal year, the President shall prepare
and transmit to the Congress annual congressional presentation
documents for the programs authorized under this Act and the Arms
Export Control Act (22 U.S.C. 2751 et seq.).
``(b) Materials To Be Included.--The documents submitted pursuant
to subsection (a) shall include--
``(1) the rationale for the allocation of assistance or
contributions to each country, regional, or centrally funded
program, or organization, as the case may be;
``(2) a description of how each such program or
contribution supports the objectives of this Act or the Arms
Export Control Act, as the case may be;
``(3) a description of planned country, regional, or
centrally funded programs or contributions to international
organizations and programs for the coming fiscal year; and
``(4) for each country for which assistance is requested
under this Act or the Arms Export Control Act--
``(A) the total number of years since 1946 that the
United States has provided assistance;
``(B) the total amount of bilateral assistance
provided by the United States since 1946, including the
principal amount of all loans, credits, and guarantees;
and
``(C) the total amount of assistance provided to
such country from all multilateral organizations to
which the United States is a member, including all
international financial institutions, the United
Nations, and other international organizations.
``(c) Graduation From Development Assistance.--
``(1) Determination.--As part of the congressional
presentation documents transmitted to the Congress under this
section, the Secretary of State shall make a separate
determination for each country identified in such documents for
which bilateral development assistance is requested, estimating
the year in which each such country will no longer be receiving
bilateral development assistance.
``(2) Development assistance defined.--For purposes of this
section, the term `development assistance' means assistance
under--
``(A) chapter 1 of part I of this Act;
``(B) chapter 10 of part I of this Act;
``(C) chapter 11 of part I of this Act; and
``(D) the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5401 et seq.).''.
SEC. 3412. DEBT RESTRUCTURING FOR FOREIGN ASSISTANCE.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2370 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 620K. SPECIAL DEBT RELIEF FOR POOR COUNTRIES.
``(a) Authority To Reduce Debt.--The President may reduce amounts
owed to the United States Government by a country described in
subsection (b) as a result of--
``(1) loans or guarantees issued under this Act; or
``(2) credits extended or guarantees issued under the Arms
Export Control Act (22 U.S.C. 2751 et seq.).
``(b) Country Described.--A country described in this subsection is
a country--
``(1) with a heavy debt burden that is eligible to borrow
from the International Development Association but not from the
International Bank for Reconstruction and Development (commonly
referred to as an `IDA-only' country); and
``(2) the government of which--
``(A) does not have an excessive level of military
expenditures;
``(B) has not repeatedly provided support for acts
of international terrorism; and
``(C) is cooperating with the United States on
international narcotics control matters;
``(3) (including the military or other security forces of
such government) does not engage in a consistent pattern of
gross violations of internationally recognized human rights;
and
``(4) is not prohibited from receiving assistance described
in section 527(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 by reason of such section.
``(c) Limitations.--The authority under subsection (a) may be
exercised--
``(1) only to implement multilateral official debt relief
ad referendum agreements (commonly referred to as `Paris Club
Agreed Minutes'); and
``(2) only to the extent that appropriations for the cost
of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
``(d) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to the exercise of authority under subsection (a)--
``(1) shall not be considered assistance for purposes of
any provision of law limiting assistance to a country; and
``(2) may be exercised notwithstanding section 620(r) of
this Act or any comparable provision of law.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the President for the purpose of carrying out this section
$7,000,000 for each of the fiscal years 1996 and 1997.
``(2) Availability.--Amounts authorized to be appropriated
under paragraph (1) are authorized to remain available until
expended.''.
SEC. 3413. DEBT BUYBACKS OR SALES FOR DEBT SWAPS.
Part IV of the Foreign Assistance Act of 1961 (22 U.S.C. 2430 et
seq.) is amended by adding at the end the following new section:
``SEC. 711. AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES.
``(a) Loans Eligible for Sale, Reduction, or Cancellation.--
``(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1, 1995,
to the government of any eligible country pursuant to this Act, or on
receipt of payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of facilitating--
``(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
``(B) a debt buyback by an eligible country of its
own qualified debt, only if the eligible country uses
an additional amount of the local currency of the
eligible country, equal to not less than 40 percent of
the price paid for such debt by such eligible country,
or the difference between the price paid for such debt
and the face value of such debt, to support activities
that link conservation and sustainable use of natural
resources with local community development, and child
survival and other child development, in a manner
consistent with sections 707 through 710, if the sale,
reduction, or cancellation would not contravene any
term or condition of any prior agreement relating to
such loan.
``(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
``(3) Administration.--The Facility shall notify the
administrator of the agency primarily responsible for
administering part I of this Act of purchasers that the
President has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or cancellation of a
loan pursuant to this section. Such agency shall make an
adjustment in its accounts to reflect the sale, reduction, or
cancellation.
``(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
``(b) Deposit of Proceeds.--The proceeds from the sale, reduction,
or cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in an account or accounts established in the
Treasury for the repayment of such loan.
``(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the purpose of
engaging in debt-for-equity swaps, debt-for-development swaps, or debt-
for-nature swaps.
``(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President shall consult
with the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
``(e) Authorization of Appropriations.--
``(1) In general.--For the sale, reduction, and
cancellation of loans or portions thereof pursuant to this
section, there are authorized to be appropriated to the
President $3,000,000 for each of the fiscal years 1996 and
1997.
``(2) Availability.--Amounts authorized to be appropriated
under paragraph (1) are authorized to remain available until
expended.''.
SEC. 3414. IMPACT ON JOBS IN THE UNITED STATES.
Section 636 of the Foreign Assistance Act of 1961 (22 U.S.C. 2396)
is amended by adding at the end the following new subsection:
``(j)(1) Funds made available to carry out the provisions of this
Act may not be made available to provide--
``(A) any financial incentive to a business enterprise
located in the United States for the purpose of inducing that
enterprise to relocate outside the United States if such
incentive or inducement is likely to reduce the number of
individuals employed in the United States by that enterprise
because that enterprise would replace production in the United
States with production outside the United States;
``(B) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
``(C) subject to paragraph (2), assistance for any project
or activity that contributes to the violation of
internationally recognized workers rights (as defined in
section 502(a)(4) of the Trade Act of 1974) of workers in the
foreign country, including in any designated zone or area in
that country.
``(2) Paragraph (1)(C) shall not apply with respect to the
provision of assistance for the informal sector, microenterprises and
small-scale enterprises, and small-holder agriculture of the foreign
country.''.
SEC. 3415. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT
LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING
INTERNATIONAL TERRORISM.
(a) In General.--Section 620 of the Foreign Assistance Act of 1961
(22 U.S.C. 2370), as amended by this Act, is further amended by adding
at the end the following new subsection:
``(z)(1) No assistance may be provided under this Act or the Arms
Export Control Act to any foreign government that provides lethal
military equipment to a country, the government of which the Secretary
of State has determined pursuant to section 40(d) of the Arms Export
Control Act is a government that has repeatedly provided support for
acts of international terrorism.
``(2) The prohibition under paragraph (1) with respect to a foreign
government shall terminate 12 months after the date on which that
government ceases to provide such lethal military equipment.
``(3) The President may waive the requirements of paragraph (1) if
the President determines that the provision of such assistance is
important to the national security interests of the United States.
``(4) Whenever the waiver of paragraph (3) is exercised, the
President shall prepare and transmit to the appropriate congressional
committees a report with respect to the furnishing of such assistance.
Such report shall include a detailed explanation of the assistance to
be provided, including the estimated dollar amount of such assistance,
and an explanation of how the assistance furthers the national
interests of the United States.
``(5) For purposes of this subsection, the term `appropriate
congressional committees' means the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.''.
(b) Effective Date.--Section 620(z) of the Foreign Assistance Act
of 1961, as added by subsection (a), applies with respect to lethal
military equipment provided pursuant to a contract entered into on or
after the date of enactment of this Act.
SEC. 3416. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT CONSISTENTLY
OPPOSE THE UNITED STATES POSITION IN THE UNITED NATIONS
GENERAL ASSEMBLY.
(a) Prohibition.--United States assistance may not be provided to a
country that consistently opposed the United States position in the
United Nations General Assembly during the most recent session of the
General Assembly.
(b) Change in Government.--If--
(1) the Secretary of State determines that, since the
beginning of the most recent session of the General Assembly,
there has been a fundamental change in the leadership and
policies of the government of a country to which the
prohibition in subsection (a) applies, and
(2) the Secretary believes that because of that change the
government of that country will no longer consistently oppose
the United States position in the General Assembly,
the Secretary may exempt that country from that prohibition. Any such
exemption shall be effective only until submission of the next report
under section 406 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991. The Secretary shall submit to the Congress a
certification of each exemption made under this subsection. Such
certification shall be accompanied by a discussion of the basis for the
Secretary's determination and belief with respect to such exemption.
(c) Waiver Authority.--The Secretary of State may waive the
requirement of subsection (a) if the Secretary determines and reports
to the Congress that despite the United Nations voting pattern of a
particular country, the provision of United States assistance to that
country is necessary to promote United States foreign policy
objectives.
(d) Definitions.--As used in this section--
(1) the term ``consistently opposed the United States
position'' means that the country's votes in the United Nations
General Assembly coincided with the United States position less
than 25 percent of the time, using for this purpose the overall
percentage-of-voting coincidences set forth in the annual
report submitted to the Congress pursuant to section 406 of the
Foreign Relations Authorization Act, Fiscal Years 1990 and
1991;
(2) the term ``most recent session of the General
Assembly'' means the most recently completed plenary session of
the General Assembly for which overall percentage-of-voting
coincidences is set forth in the most recent report submitted
to the Congress pursuant to section 406 of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991; and
(3) the term ``United States assistance'' means assistance
under--
(A) chapter 4 of part II of the Foreign Assistance
Act of 1961 (relating to the economic support fund),
(B) chapter 5 of part II of that Act (relating to
international military education and training), or
(C) the ``Foreign Military Financing Program''
account under section 23 of the Arms Export Control
Act,
(D) chapter 1 of part I of the Foreign Assistance
Act of 1961 (relating to development assistance),
except that such term shall not include assistance
under chapter 1 of part I of the Foreign Assistance Act
of 1961 in the case of countries that voted in the
United Nations General Assembly on less than 50 percent
of the recorded plenary votes,
except that such term does not include assistance under chapter
8 of part I of the Foreign Assistance Act of 1961 (relating to
international narcotics control) or assistance under chapter 8
of part II of such Act (relating to antiterrorism assistance).
(e) Effective Date.--This section takes effect upon the date of the
submission to the Congress of the report pursuant to section 406 of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, that
is required to be submitted by March 31, 1996.
SEC. 3417. LIMITATION ON ASSISTANCE TO COUNTRIES THAT RESTRICT THE
TRANSPORT OR DELIVERY OF UNITED STATES HUMANITARIAN
ASSISTANCE.
(a) Findings.--The Congress makes the following findings:
(1) The United States Federal budget deficit and spending
constraints require the maximum efficiency in the usage of
United States foreign assistance.
(2) The delivery of humanitarian assistance to people in
need is consistent with the fundamental values of our Nation
and is an important component of United States foreign policy.
(3) As a matter of principle and in furtherance of fiscal
prudence, the United States should seek to promote the delivery
of humanitarian assistance to people in need in a manner that
is both timely and cost effective.
(4) Recipients of United States assistance should not
hinder or delay the transport or delivery of United States
humanitarian assistance to other countries.
(b) Prohibition on Assistance.--Section 620 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370), as amended by this Act, is
further amended by adding at the end the following new subsection:
``(aa)(1) Notwithstanding any other provision of law, United States
assistance may not be made available for any country whose government
prohibits or otherwise restricts, directly or indirectly, the transport
or delivery of United States humanitarian assistance.
``(2) The prohibition on United States assistance contained in
paragraph (1) shall not apply if the President determines and notifies
the Congress in writing that providing such assistance to a country is
in the national security interest of the United States.
``(3) A suspension or termination of United States assistance for
any country under paragraph (1) shall cease to be effective when the
President certifies in writing to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
that such country is no longer prohibiting or otherwise restricting,
either directly or indirectly, the transport or delivery of United
States humanitarian assistance.
``(4)(A) At the time of the annual budget submission to Congress,
the President shall submit a report to the Congress describing any
information available to the President concerning prohibitions or
restrictions, direct or indirect, on the transport or delivery of
United States humanitarian assistance by the government of any country
receiving or eligible to receive United States foreign assistance
during the current or preceding fiscal year.
``(B) The President shall include in the report required by
subparagraph (A) a statement as to whether the prohibition in paragraph
(1) is being applied to each country for which the President has
information available to him concerning prohibitions or restrictions,
direct or indirect, on the transport or delivery of United States
humanitarian assistance.
``(5) As used in this subsection, the term `United States
assistance' has the same meaning given that term in section 481(e)(4)
of this Act.''.
SEC. 3418. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS, PRIVATE
AND VOLUNTARY ORGANIZATIONS, AND OTHER ENTITIES THAT
INHIBIT UNITED STATES-SUPPORTED DEMINING OPERATIONS AND
ACTIVITIES.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act may be made available to any foreign government, private
and voluntary organization, or any other entity which the Secretary of
State determines inhibits United States-supported demining operations
and activities through the imposition of discriminatory customs duties,
tariffs, or any other barrier to the entry of equipment or personnel
designated for use or participation in such operations and activities.
(b) Exception.--(1) The prohibition contained in subsection (a)
shall not apply with respect to a foreign government, private and
voluntary organization, or any other entity if the President determines
and reports to the congressional committees specified in section 634A
of the Foreign Assistance Act of 1961 (in accordance with procedures
applicable to reprogramming notifications under that section) that the
provision of assistance to such government, organization, or other
entity, as the case may be, is important to the national interest of
the United States.
(2) Any determination under paragraph (1) shall include a detailed
justification of how the provision of assistance furthers United States
national interests.
SEC. 3419. PROHIBITION ON FOREIGN ASSISTANCE TO FOREIGN GOVERNMENTS NOT
IMPLEMENTING EXTRADITION TREATIES.
(a) Prohibition.--Except as provided in subsection (b), the
President may not provide foreign assistance to the government of any
country determined by the President to have refused to implement an
extradition treaty between such country and the United States with
respect to one or more individuals of significant concern to the United
States who have been charged with or who have committed felony
offenses.
(b) Exception.--The President may provide foreign assistance to the
government of a country that would otherwise be prohibited from
receiving such assistance under subsection (a) if the President--
(1) determines that the provision of such assistance is in
the national interest of the United States; and
(2) notifies the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate of such determination.
(c) Definitions.--As used in this section:
(1) Felony offense.--The term ``felony offense'' means an
offense punishable by death or imprisonment for a term
exceeding one year.
(2) Foreign assistance.--The term ``foreign assistance''
means any funds made available to carry out any program,
project, or activity under the Foreign Assistance Act of 1961
or the Arms Export Control Act, except such term does not
include funds used to provide humanitarian assistance.
(d) Effective Date.--The prohibition contained in subsection (a)
applies with respect to the provision of foreign assistance on or after
the date of the enactment of this Act.
SEC. 3420. LIMITATION ON PROCUREMENT OUTSIDE THE UNITED STATES.
(a) Limitation.--Funds made available for assistance for fiscal
years 1996 and 1997 under the Foreign Assistance Act of 1961, for which
amounts are authorized to be appropriated for such fiscal years, may be
used for procurement outside the United States or less developed
countries only if--
(1) such funds are used for the procurement of commodities
or services, or defense articles or defense services, in the
country in which the assistance is to be provided, except that
this paragraph only applies if the total of such procurement
for a project or activity in that country would cost less than
procurement from the United States;
(2) the provision of such assistance requires commodities
or services, or defense articles or defense services, of a type
that are not produced in, and available for purchase from, the
United States, less developed countries, or the country in
which the assistance is to be provided;
(3) the Congress has specifically authorized procurement
outside the United States or less developed countries; or
(4) the President determines on a case-by-case basis that
the procurement outside the United States or less developed
countries would result in the more efficient use of United
States foreign assistance resources, including to meet
unforeseen circumstances such as emergency situations.
(b) Definition.--For purposes of this section, the term ``less
developed countries'' includes the recipient country if that country is
not a developed country.
CHAPTER 3--FOREIGN AID REPORTING REFORM ACT OF 1995
SEC. 3421. SHORT TITLE.
This chapter may be cited as the ``Foreign Aid Reporting Reform Act
of 1995''.
SEC. 3422. ANNUAL FOREIGN ASSISTANCE JUSTIFICATION REPORT.
(a) In General.--In conjunction with the submission of the annual
requests for enactment of authorizations and appropriations for foreign
assistance programs for each fiscal year, the President shall submit to
the Congress a single report containing--
(1) an integrated justification for all foreign assistance
programs proposed by the President for the coming fiscal year;
and
(2) an assessment of when the objectives of those programs
will be achieved so that the assistance can be terminated.
(b) Specific Information To Be Provided.--Each such report shall
include the following:
(1) Information regarding a foreign assistance program
generally.--For each foreign assistance program taken as a
whole--
(A) the total amount of assistance proposed to be
provided under that program;
(B) the justification for that amount;
(C) the objectives that assistance under that
program is intended to achieve;
(D) an explanation of the relationship of
assistance under that program to assistance under other
foreign assistance programs; and
(E) the President's estimation of the date by which
the objectives of that program will be achieved and the
program terminated.
(2) Information regarding specific assistance recipients.--
For each country or organization which is a proposed recipient
of assistance under any foreign assistance program--
(A) the amount of each type of assistance proposed;
(B) the justification for providing each such type
of assistance;
(C) the objectives that each such type of
assistance is intended to achieve;
(D) an explanation of the relationship of each type
of assistance proposed to other types of assistance
proposed for that recipient; and
(E) the President's estimation of the date by which
the objectives of assistance for such recipient under
each foreign assistance program will be achieved and
assistance under that program to that recipient
terminated.
The information required by subparagraphs (A) through (E) shall
be provided on a recipient-by-recipient basis.
(3) Information regarding centrally-funded programs.--For
each centrally-funded program under a foreign assistance
program--
(A) the amount proposed for such program;
(B) the justification for such program;
(C) the objectives each such program is intended to
achieve;
(D) an explanation of the relationship of such
program to other types of assistance proposed under
that foreign assistance program and under other foreign
assistance programs; and
(E) the President's estimation of the date by which
the objectives of such program will be achieved and
such program terminated.
SEC. 3423. DEFINITION OF FOREIGN ASSISTANCE PROGRAMS.
As used in this chapter, the term ``foreign assistance program''
includes--
(1) any program of assistance authorized by the Foreign
Assistance Act of 1961 (such as the development assistance
program, the economic support fund program, and the
international military education and training program) or
authorized by the African Development Foundation Act, section
401 of the Foreign Assistance Act of 1969 (relating to the
Inter-American Development Foundation), or any other foreign
assistance legislation;
(2) any program of grant, credit, or guaranty assistance
under the Arms Export Control Act;
(3) assistance under the Migration and Refugee Assistance
Act of 1962;
(4) assistance under any title of the Agricultural Trade
Development and Assistance Act of 1954;
(5) contributions to the International Monetary Fund;
(6) contributions to the International Bank for
Reconstruction and Development, the International Development
Association, or any other institution within the World Bank
group; and
(7) contributions to any regional multilateral development
bank.
CHAPTER 4--REPEALS
SEC. 3431. REPEAL OF OBSOLETE PROVISIONS.
(a) 1987 Foreign Assistance Appropriations Act.--Section 539(g)(2)
of the Foreign Assistance and Related Programs Appropriations Act,
1987, as included in Public Law 99-591, is hereby repealed.
(b) 1986 Assistance Act.--The Special Foreign Assistance Act of
1986 is hereby repealed except for section 1, section 204, and title
III of such Act.
(c) 1985 Assistance Act.--The International Security and
Development Cooperation Act of 1985 is hereby repealed except for
section 1, section 131, section 132, section 504, section 505, part B
of title V (other than section 558 and section 559), section 1302,
section 1303, and section 1304.
(d) 1985 Jordan Supplemental Act.--The Jordan Supplemental Economic
Assistance Authorization Act of 1985 is hereby repealed.
(e) 1985 African Famine Act.--The African Famine Relief and
Recovery Act of 1985 is hereby repealed.
(f) 1983 Assistance Act.--The International Security and
Development Assistance Authorization Act of 1983 is hereby repealed.
(g) 1983 Lebanon Assistance Act.--The Lebanon Emergency Assistance
Act of 1983 is hereby repealed.
(h) 1981 Assistance Act.--The International Security and
Development Cooperation Act of 1981 is hereby repealed except for
section 1, section 709, and section 714.
(i) 1980 Assistance Act.--The International Security and
Development Cooperation Act of 1980 is hereby repealed except for
section 1, section 110, section 316, and title V.
(j) 1979 Development Assistance Act.--The International Development
Cooperation Act of 1979 is hereby repealed.
(k) 1979 Security Assistance Act.--The International Security
Assistance Act of 1979 is hereby repealed.
(l) 1979 Special Security Assistance Act.--The Special
International Security Assistance Act of 1979 is hereby repealed.
(m) 1978 Development Assistance Act.--The International Development
and Food Assistance Act of 1978 is hereby repealed, except for section
1, title IV, and section 603(a)(2).
(n) 1978 Security Assistance Act.--The International Security
Assistance Act of 1978 is hereby repealed.
(o) 1977 Development Assistance Act.--The International Development
and Food Assistance Act of 1977 is hereby repealed except for section
1, section 132(b), and section 133.
(p) 1977 Security Assistance Act.--The International Security
Assistance Act of 1977 is hereby repealed.
(q) 1976 Security Assistance Act.--The International Security
Assistance and Arms Export Control Act of 1976 is hereby repealed
except for section 1, section 201(b), section 212(b), section 601, and
section 608.
(r) 1975 Development Assistance Act.--The International Development
and Food Assistance Act of 1975 is hereby repealed.
(s) 1975 BIB Act.--Public Law 94-104 is hereby repealed.
(t) 1974 Assistance Act.--The Foreign Assistance Act of 1974 is
hereby repealed.
(u) 1973 Emergency Assistance Act.--The Emergency Security
Assistance Act of 1973 is hereby repealed.
(v) 1973 Assistance Act.--The Foreign Assistance Act of 1973 is
hereby repealed.
(w) 1971 Assistance Act.--The Foreign Assistance Act of 1971 is
hereby repealed.
(x) 1971 Special Assistance Act.--The Special Foreign Assistance
Act of 1971 is hereby repealed.
(y) 1969 Assistance Act.--The Foreign Assistance Act of 1969 is
hereby repealed except for the first section and part IV.
(z) 1968 Assistance Act.--The Foreign Assistance Act of 1968 is
hereby repealed.
(aa) 1964 Assistance Act.--The Foreign Assistance Act of 1964 is
hereby repealed.
(bb) Latin American Development Act.--The Latin American
Development Act is hereby repealed.
(cc) 1959 Mutual Security Act.--The Mutual Security Act of 1959 is
hereby repealed.
(dd) 1954 Mutual Security Act.--Sections 402 and 417 of the Mutual
Security Act of 1954 are hereby repealed.
(ee) Department of State Authorization Act, Fiscal Years 1982 and
1983.--Section 109 of the Department of State Authorization Act, Fiscal
Years 1982 and 1983, is hereby repealed.
(ff) Department of State Authorization Act, Fiscal Years 1984 and
1985.--Sections 1004 and 1005(a) of the Department of State
Authorization Act, Fiscal Years 1984 and 1985, are hereby repealed.
(gg) Savings Provision.--Except as otherwise provided in this Act,
the repeal by this Act of any provision of law that amended or repealed
another provision of law does not affect in any way that amendment or
repeal.
TITLE XXXV--EFFECTIVE DATE
SEC. 3501. EFFECTIVE DATE.
Except as otherwise provided in this Act, this division, and the
amendments made by this division, shall take effect on the date of the
enactment of this Act or October 1, 1995, whichever occurs later.
DIVISION D--ADDITIONAL PROVISIONS
TITLE XLI--PUBLIC LAW 480
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS FOR TITLE III.
(a) In General.--Notwithstanding section 3242 of this Act, there
are authorized to be appropriated $25,000,000 for each of the fiscal
years 1996 and 1997 for the provision of agricultural commodities under
title III of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1727 et seq.).
(b) Authority To Transfer Amounts.--Notwithstanding any other
provision of law, amounts authorized to be appropriated by subsection
(a) may be used to carry out title II of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.).
TITLE XLII--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
SEC. 4201. AUTHORIZATION OF APPROPRIATIONS.
Notwithstanding paragraphs (1), (3)(F), (4)(A), and (5) of section
2106 of this Act, the following amounts are authorized to be
appropriated to carry out international information activities and
educational and cultural exchange programs under the United States
Information and Educational Exchange Act of 1948, the Mutual
Educational and Cultural Exchange Act of 1961, Reorganization Plan
Number 2 of 1977, the United States International Broadcasting Act of
1994, the Radio Broadcasting to Cuba Act, the Television Broadcasting
to Cuba Act, the Board for International Broadcasting Act, the
Inspector General Act of 1978, the North/South Center Act of 1991, 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'',
$445,645,000 for the fiscal year 1996 and $402,080,000 for the
fiscal year 1997.
(2) Educational and cultural exchange programs.--For
``Hubert H. Humphrey Fellowship Program'', ``Edmund S. Muskie
Fellowship Program'', ``International Visitors Program'',
``Mike Mansfield Fellowship Program'', ``Claude and Mildred
Pepper Scholarship Program of the Washington Workshops
Foundation'', ``Citizen Exchange Programs'', ``Congress-
Bundestag Exchange Program'', ``Newly Independent States and
Eastern Europe Training'', ``Institute for Representative
Government'', and ``Arts America'', $82,265,800 for the fiscal
year 1996 and $62,341,400 for the fiscal year 1997.
(3) Radio construction.--For ``Radio Construction'',
$70,164,000 for the fiscal year 1996 and $52,647,000 for the
fiscal year 1997.
(4) International broadcasting activities.--For
``International Broadcasting Activities'', $311,191,000 for the
fiscal year 1996 and $246,191,000 for the fiscal year 1997.
TITLE XLIII--FOREIGN BUILDINGS
SEC. 4301. AUTHORIZATION OF APPROPRIATIONS.
Notwithstanding section 2101(a)(4), there are authorized to be
appropriated for ``Acquisition and Maintenance of Buildings Abroad'',
$369,860,000 for the fiscal year 1997.
TITLE XLIV--FOREIGN ASSISTANCE
SEC. 4401. AUTHORIZATION OF APPROPRIATIONS.
(a) Foreign Military Financing Program.--Notwithstanding section
3101 of this Act, there are authorized to be appropriated for grant
assistance under section 23 of the Arms Export Control Act (22 U.S.C.
2763) and for the subsidy cost, as defined in section 502(5) of the
Federal Credit Reform Act of 1990, of direct loans under such section--
(1) $3,274,440,000 for fiscal year 1996; and
(2) $3,216,020,000 for fiscal year 1997.
(b) Economic Support Assistance.--Notwithstanding section 3201 of
this Act, section 532(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2346a(a)) is amended to read as follows:
``(a) There are authorized to be appropriated to the President to
carry out the purposes of this chapter $2,346,378,000 for fiscal year
1996 and $2,238,478,000 for fiscal year 1997.''.
(c) Development Fund for Africa.--Notwithstanding paragraph (2) of
section 3221(a) of this Act, there are authorized to be appropriated
$649,214,000 for fiscal year 1996 and $634,214,000 for fiscal year 1997
to carry out chapter 10 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2293 et seq.).
TITLE XLV--UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
SEC. 4501. AUTHORIZATION OF APPROPRIATIONS.
(a) Fulbright Academic Exchange Programs.--Notwithstanding section
2106(3)(A), there are authorized to be appropriated for ``Fulbright
Academic Exchange Programs'', $112,484,200 for the fiscal year 1996 and
$88,680,800 for the fiscal year 1997.
(b) Other Programs.--Notwithstanding section 2106(3)(F), there are
authorized to be appropriated for ``Other Programs'', $77,265,800 for
the fiscal year 1996 and $57,341,400 for the fiscal year 1997.
Passed the House of Representatives June 8, 1995.
Attest:
Clerk.